INTERNATIONAL COMMERCIAL ARBITRATION RESEARCH PAPER RESEARCH TOPIC: ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION IN INDIA: ISSUES AND CHALLENGES IN INTERNATIONAL COMMERCIAL ARBITRATION. TUTOR NAME: PROFESSOR DR. FRANCIS JULIAN STUDENT NAME: GAURAV SHARMA INTRODUCTION Foreign direct investment (FDI) has played an important role in the process of globalization in India during the past two decades. Despite the increasing inflow of foreign capital in the Indian economy‚ India’s
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Dispute Resolution and Organizational Behavior Learning Team Abstract Unions were developed to represent the workers and ensure that they were provided fair compensation and good working conditions. Although laws were created to provide these things over the years‚ unions still play a major role in business by resolving disputes‚ grievances and other conflict. Despite the benefits‚ union actions have also been associated with many company closures and the loss of jobs. The negative and positive
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For Dispute Resolution‚ there are more methods provided in FIDIC compared with HKIA form. Arbitration is the sole method in HKIA form. Arbitration is a legal process and the award of arbitrator is finalized and binding. Apart from the arbitration‚ Disputes Adjudication Board and amicable settlement can be adopted in FIDIC. Before going to the arbitration‚ DAB shall be carried out in advance. It is a smoother way compared with arbitration and it can save more cost and time if the disputes can be settled
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Arbitration in Construction Disputes A Procedural and Legal Overview ARBITRATION IN CONSTRUCTION DISPUTES A Procedural and Legal Overview By OON CHEE KHENG BE (Civil) (UNSW)‚ LLB (Hons)‚ MBA‚ CLP‚ MIEM‚ PEng (M) Advocate and Solicitor A paper based on a lecture delivered on 24 May 2003 in Seremban to The Institution of Engineers‚ Malaysia (Negri Sembilan Branch) 1.0 INTRODUCTION Contrary to popular belief and knowledge‚ arbitration is not the only means of resolving disputes arising
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Dispute Resolution Methods Alberta’s Labour Relations Code and Police Officers Collective Bargaining Act provide methods for resolving disputes including: Mediation Voluntary Arbitration Board Compulsory Arbitration Board Interest Arbitration Board Disputes Inquiry Board Public Emergency Tribunal Construction Industry Disputes Resolution Tribunal Introduction Collective bargaining is the process through which employers and employees establish the terms and conditions of employment in
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Myles Alternative Dispute Resolution Belhaven University Negotiation is one of the most general approaches used to formulate decisions and handle disputes. If negotiations are unsuccessful‚ it is essential to search for assistance of a neutral third party to facilitate a resolution. Going to court is not the way to handle disputes. With the expensive costs‚ long delays‚ and loss of confidentiality involved in going to court‚ people are turning to more efficient methods to resolve their
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“Alternative Dispute Resolution” “It is the spirit and not the form of law that keeps the justice alive.” -- LJ Earl Warren INTRODUCTION: Alternative methods of dispute resolutions‚ popularly known as ADR are necessary. As an alternative to existing methods of dispute resolution such as litigation
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Alternative Dispute Resolution ("ADR") processes are alternative methods of helping people resolve legal problems before going to court. ADR involves an independent third person‚ called a "neutral" who tries to help resolve or narrow the areas of conflict. Most civil disputes are resolved without filing a lawsuit‚ and most civil lawsuits are resolved without a trial. The courts and others offer a variety of Alternative Dispute Resolution (ADR) processes to help people resolve disputes without a trial
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Discuss the processes available in alternative dispute resolution and explain its advantages and disadvantages. Alternative Dispute Resolution (ADR) involves dispute resolution processes and techniques that fall outside of the government judicial process. There has been moves against ADR in the past by entities of many political parties and their associates‚ despite this‚ ADR has gained inclusive acceptance among both the broad community and the legal profession in past years. In fact‚ many courts
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Alternative dispute resolution in Sri Lanka 1. Arbitration – Arbitration Act of 1995 2. Mediation 3. Conciliation The advantages of the ADR methods are that the parties themselves are in the best position to know the strengths and weaknesses of their cases and therefore the negotiatory process can be undertaken where there is a willingness rather than engage in expensive litigation which is controlled mainly by outsiders – the lawyers. Importance of alternative dispute resolution (ADR)
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