Group 2 Arbitration Professor Odenwald15 July 2014 Arbitration Disputes pertaining to business activities are unavoidable and a popular method of mediating those disputes is arbitration. What the United States Supreme Court once shunned has become a popular vehicle for resolving disputes that pertain to a plethora of matters‚ from contract disputes involving labor relations to international disputes between multinational corporations. Arbitration‚ in its most basic form‚ is a form of mediation
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legal profession in recent years. The most common form of ADR is arbitration. Other forms of ADR are negotiation‚ mediation‚ conciliation‚ mini-trial‚ fact-finding‚ and using a judicial referee (Cheesman‚ 2010). The most effective method that will suit the needs of our learning team is the mediation method. If an agreement cannot be reached during the mediation process‚ then the arbitration method will be utilized. Mediation is a form of negotiation in which a neutral third party assists the disputing
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appeal was allowed from its decision[2]. In Mughal period‚ the village was the smallest administrative unit. From ancient times the panchayat were authorized to administer justice in all petty civil and criminal matters between the villagers by arbitration as well as by adjudication. Important cases could not be decided by the Panchayat which could only chastise‚ impose fine and ostracise the offender. It was presided by five Panchs elected by the villagers who were expected to give a patient hearing
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INDEX Item Page Introduction 2 When it is used? 2 How it works? 3 The arbitration award 3 Is Arbitration final? 4 Types of Arbitration 4 Laws applicable in arbitration 5 IN EGYPT 6 Conclusion 7 References 7 ARBITRATION Introduction What it is ARBITRATION ? In arbitration an independent third party considers both sides in a dispute‚ and makes a decision to resolve it. The arbitrator is impartial; this means he or she does not take sides. In most cases the arbitrator ’s decision
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Luna Negotiation Case Analysis In the Luna case that involved the companies DGG and Global Service‚ DGG was trying to receive payment for trademark infringement of a pen that Global Service was currently producing. In the negotiation‚ Erika did not have a very strong BATNA‚ which was getting another company to manufacture the Luna pen after a potential lawsuit that would likely only force Global Service to cease production. DGG’s interest was simply to receive money for the use of the trademark
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Alternative dispute resolution in India is not new and it was in existence even under the previous Arbitration Act‚ 1940. The Arbitration and Conciliation Act‚ 1996 has been enacted to accommodate the harmonisation mandates of UNCITRAL Model. To streamline the Indian legal system the traditional civil law known as Code of Civil Procedure‚ (CPC) 1908 has also been amended and section 89 has been introduced. Section 89 (1) of CPC provides an option for the settlement of disputes outside the court.
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Can Arbitration resolve International Aviation disputes? Author: Mr. Vishwam Jindal Co-Author: Mr. Gaurav Govinda National Law University‚ Delhi E-mail: jindalvishwam@gmail.com Phone No: +91-9958867718 Abstract On systematic classification‚ aviation disputes are either commercial or non-commercial. Whereas the former requires interpretation of bilateral arrangements‚ the latter concerns the Chicago convention. In any case‚ ADR methods are unique to aviation disputes. A careful reading of
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Issues with ADR (Advantage and Disadvantage) 4 4. Types of ADR 5 4.1 Arbitration: 5 4.2Mediation 6 4.3Conciliation 6 4.4Negotiation 6 5. Discussion 7 6. Recommendation/Conclusion 8 7. Reference…………………………………………………………………………………………………………………………………………….9 1. Introduction to Legal System and Disputes Many countries in twenty first century follow two legal forms of law namely civil and common law. The common law tradition originated during middle ages from England and was applied
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The Roman Empire and the Common Good Graphic Organizer Rome had ways and arrangements that help them function. They had parts that work very well and was successful‚ while others were unfair and not as successful. Purpose of Government Provide public service Grade A http://historylink101.com/2/Rome/roman-aquaducts.htm Rome was very advanced‚ romans had public roads where carriages drove‚ they had public baths were a man or women could wash up by putting a special kind of mud on their
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PROPOSED AMENDMENTS TO THE ARBITRATION & CONCILIATION ACT‚ 1996 A CONSULTATION PAPER MINISTRY OF LAW AND JUSTICE GOVERNMENT OF INDIA PROPOSED AMENDMENTS TO THE ARBITRATION & CONCILIATION ACT‚ 1996 A CONSULTATION PAPER MINISTRY OF LAW AND JUSTICE GOVERNMENT OF INDIA Contents S.No. Title 1 Page No. Amendments to the Arbitration & Conciliation Act‚ 1-35 1996- A Consultation Paper 2 Annexure –I 36-54 The Arbitration and Conciliation Act‚ 1996 3
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