Arbitration And Conciliation Act In India An Overview

Arbitration, an age old concept in India, is a part of Alternate Dispute Resolution (ADR) with other popular ADR processes like Conciliation and Mediation. In India Alternate Dispute Resolution is governed by the Indian Arbitration and Conciliation Act 1996 which is created on the lines of the Model Law of the UNCITAL (United Nations Commission on International Trade Law). This article identifies certain problem areas of the Arbitration Laws of India, highlights some of the revolutionary decisions by Supreme Court and points out some of the misuses as well.
Problem areas:
Over the past decade, the lofty objective of enacting this Act stands substantially diluted due to various reasons as follows:
a.Inability of parties to exercise their rights explicitly provided under the statute
b.The overdependence on retired judges as arbitrators
c.Expansive delays
d.Considerable expense
e.Legal professionals treating arbitrations as an extension of the court proceedings and converting them to lengthy trials.
f.Exercise of appellate power under Section 34 of the Act – a virtual practice to challenge each and every award irrespective of whether it fits within the limited grounds specified in Section 34.
These render nugatory the stated intent of creating an arbitral process that is fair, efficient and capable of meeting the needs of the specific arbitration resulting in an explosion of litigation as against the stated intent of reducing the same.
Revolutionary decisions:
The Supreme Court, while dealing with such rival contentions has held that interpretation of a contract may fall within the realm of the arbitrator. The Court while dealing with an award would not reappreciate the evidence. An award containing reasons also may not be interfered with unless they are found to be perverse or based on a wrong proposition of law like an error apparent on the face of the award. If two views are possible, it is trite, the Court will refrain itself from interfering. Jurisdiction of the court to interfere with an award made by an arbitrator is limited. On contrary to this, in recent times, the courts were impelled to have fresh look on the ambit of challenge to an award by the arbitrator so that the award does not get undesirable immunity.
The Court also quoted it is correct that courts shall not ordinarily substitute their interpretation for that of the arbitrator. It is also true that if the parties with their eyes wide open have consented to refer the matter to the arbitration, then normally the finding of the arbitrator should be accepted without demur. There is no quarrel with this legal proposition. But in a case where it is found that the arbitrator has acted without jurisdiction and has put an interpretation on the clause of the agreement which is wholly contrary to law then in that case there is no prohibition for the courts to set things right.
While the conclusion may not be so relevant, it is the reiteration of the aforementioned principles that is reassuring. One can only hope that this would guide the hands of all judicial authorities while entertaining appeals under Section 34.
Misuse:
Misuse of the process of Arbitration by companies and parties is also not unheard of and is even prevalent in international commercial arbitration where the arbitration agreement or the arbitration clause may stipulate sole and mixed arbitral commissions. These depend primarily on whether the disputes are to be referred to a single arbitrator or the parties may appoint an arbitrator each with an umpire presiding over the arbitration commission.
Problems as discussed again arise when the party to the agreement in power may force the other party or parties to sign an arbitration agreement or arbitration clause created to cause pecuniary or territorial discomfort to ensure a quicker or unfair settlement. The conclusion is obvious. If arbitration is to survive, ADR lawyers must insist on institutional arbitration to ensure Alternate Dispute Resolution becomes a better alternative to Court litigation.
The USP of resolving disputes through Arbitration was its relative simplicity, economy, speed and privacy. However, over the time it has been observed that Institutional Arbitration through Associations or Societies like The Indian Council of Arbitration (ICA) , Federation of Indian Chambers of Commerce and Industry (FICCI), FICCI Arbitration and Conciliation Tribunal (FACT), The Associated Chambers of Commerce and Industry of India (ASSOCHAM) etc. is the best since they conduct Arbitration as per rules laid down which have stood the test of time and where the reputation of the Arbitrator is impeccable while at the same time the parties to arbitration know very clearly what the cost of the said arbitration be.
It is unfortunate that most litigants and parties do not opt for institutional arbitration which has time and again proven its mettle in providing fast, economical and completely impartial resolutions of disputes within the ambit of strongly laid down process and guidelines.

Best Lawyers In History

Lawyers often get a bad rap for a variety of reasons and the public generally views them as amoral but necessary nuisances. And while some lawyers very easily fit this description (see Devil’s Advocate: History’s Most Controversial Lawyers), it would be a grave mistake to lump all attorney’s into this unfortunate stereotype. After all, a court of law was amongst the first societal innovations to accompany the rise of civilization, and in the same way that there are two sides to every story – there are two lawyers in every trial.

So in an effort to pay tribute to some our great unsung courtroom cowboys, we’ve listed the greatest lawyers in history.

Abraham Lincoln
Though Abraham Lincoln is most known for his battle to end slavery as the 16th President of the United States, many are unaware of his earlier career battling in the court of law.

Born in Kentucky to a family of uneducated farmers, Lincoln left his humble upbringings to travel to New Salem, Illinois where he worked a variety of odd jobs all while teaching himself the inner-workings of law. When he was finally granted the right to practice as an attorney, he got to work immediately and quickly became one of Illinois’ most formidable lawyers. During his tenure as a lawyer, he tackled any kind of case imaginable- including trials for medical malpractice, corporate misconduct, murder, slander, fraud and many more.

In retrospect, it’s easy to see how Lincoln’s 20+ year long career as an attorney helped shape him into the masterful politician he would later become by sharpening his debate skills and keeping him in touch with the issues that matter to the public. And considering the fact that he went on to become one of the nation’s greatest Presidents should stand as evidence that being a lawyer doesn’t necessarily make you a lowlife- it just predisposes you to being a lowlife, which makes it all the more impressive that Lincoln turned out so cool.

Mohandas Karamchand Gandhi
The fact that this guy is credited for having liberated India from tyranny, influenced a sweeping world-wide trend towards civil rights and became the de facto spiritual leader for a generation might make it surprising to know that he was also a gifted attorney. But such was the man, the myth, the legend of Gandhi.

Gandhi’s career as a lawyer began in London during the late 1800’s where he received his degree in law. He later moved to South Africa to pursue a career in law, but upon arrival he was faced with extreme racial prejudice against him and other Indians. After being beaten and discriminated against, he became involved in civil rights cases defending other Indian immigrants. A crucial moment in his life as a lawyer came after he refused to remove his turban during a court trial – an event that inspired his move towards activism and non-violent civil protest.

After being imprisoned in South Africa for his activism, Gandhi returned to India where he led the fight against the tyrannical British Empire, eventually resulting in India’s independence.

Though Gandhi’s career in law was ultimately overshadowed by his spiritual and political guidance, his history as a lawyer is still enough for him to qualify for this list – as if he needed another excuse to go down in history.

Thurgood Marshall
Even more than Martin Luther King or Malcolm X, the rise of the civil rights movement and eradication of discriminatory laws against African-Americans can be attributed to the work of Thurgood Marshall. Whereas Martin Luther King and others led the battles in the streets, Thurgood Marshall led the battles in the court and has easily become one of America’s most historic lawyers.

After receiving his law degree from Howard University in 1933, Marshall set up a practice in Baltimore where he began taking on major civil rights cases and quickly became one of the country’s most prominent lawyers, winning his first Supreme Court case at the age of 32.

His most famous case came in 1954 with the now historic Brown v. Board of Education trial which overturned the infamous “separate but equal” laws that had been enforced since the abolition of slavery in the 1800’s.

In total, Marshall won 29 of the 32 cases he argued before the Supreme Court and later went on to become the first African-American to serve as a Supreme Court Justice- a position he held for nearly 25 years. Ultimately, Thurgood Marshall’s successes in law represents one of the brightest times in the judicial system’s history and provided proof to the efficacy of the American court of law.

Alan Dershowitz
Alan Dershowitz is one of the most famous lawyers in the world and he has won numerous distinctions for his work in civil rights. Newsweek has called him “[one of] the most distinguished defenders of individual rights,” and Time describes him as being “a sort of judicial St Jude,” all of which combine to make him one of the greatest lawyers in history and the only attorney on this list still practicing.
Dershowitz graduated from Yale Law School first in his class in 1962 where he was editor-in-chief of the Yale Law Journal. He then went on to join the faculty of Harvard Law where he became the youngest full professor of law in Harvard’s history at the age of 28.

During his time as an attorney, he practiced a great deal of criminal law and was involved in several of the country’s most high-profile court cases, including the trials of Patricia Hearst, Leona Helmsley, Mike Tyson and OJ Simpson. He has since become one of Israel’s most outspoken defenders and is a recipient of the William O Douglas First Amendment Award from the Anti-Defamation League for his work on civil rights.

Though Derschowitz has also been the source of much controversy, his battle for civil rights and his prodigal understanding of law will undoubtedly go down as his greatest legacy, which is why Alan Dershowitz tops off this list of history’s greatest lawyers.

Canberra Reports Rise In 457 Visa Candidates Keen On Queensland Immigration

Immigration Australia has disclosed that 2,500 overseas workers moved to its Queensland province during the last year to cover the regions job openings across its mining and construction sectors. The existing data show that during the concerned period, 34% of workers from abroad–who turned-up on the soils of the province using 457 permits–were involved with these sunshine industries, which, presently, are facing crucial scarcities of labor. That there is huge demand for trained workers, having relevant experience, in the resources industries of Queensland, is no secret.

Meanwhile, a concerned person was quoted as saying that during the year gone by, 2011, and over the course of three months, Queensland immigration received as many as 50,000 expressions of interest (EOI) from the interested people.

Coming back to the immigration body of the country, it reportedly said that the demand for talented overseas workers is only heading north, with British workers being in a rather high demand. Workers from the US and India come next. It added that close to 1,360 construction workers turned-up during the past one year, using 457 Temporary Business Permits, even as this number is over 200% of the 670 construction workers who had turned-up during the year gone by. Besides, overseas workers entering the mining industry headed north. While earlier it was 560, it became 1,180 during the same duration.

Despite these inspiring developments, not everyone really believes that this is a positive development for Down Under or migrant workers. In this connection, a critic was quoted as saying that the use of the 457 Permits of Australia is a method to usher-in overseas workers who (companies) may take advantage of by paying not-too-impressive salaries to them. He continued that the employers of such employees may well issue a warning that they would cancel their permits before they send them back home, in case they raised any fears of safety or salary conditions.

Available data shows that, by and large, the overseas construction employees, doing jobs across the province of Queensland, have been pocketing around $124,400 per annum. Besides, on an average, the mine employees on the Australian 457 permit pocketed close to $131,900 per annum.

Meanwhile, another involved person was quoted as saying that Queensland requires additional workersthe reason being most of the trained workers of Australia are reluctant to shift to regional places. He added that such employees prefer the eastern seaboard against the west, even while they are not very enthusiastic about shifting to Queensland. He reportedly continued that the entire involved process is rather complex, adding that it is rather impossible to bring in a worker from overseas on 457 permit, in case there are local workers to cover the opening.

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With the rise in career opportunities in outside country the number of people applying for Australian and UK Visa has increased. There are a lot of reasons why people going for the visa is beneficial. Those mains the reason is of course the fact. That they want good job or study market and college in other country for making a booming and the opportunities for immigrants are many mainly due the inability of Asian population to meet the demand. There is more country is large in size the population is rather small which means the chances of you.

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Legal Process Outsourcing Pros And Cons

If you own a law firm or you are an in-house counsel looking forward to outsource legal process locally or globally, basic knowledge regarding the merits and demerits of legal process outsourcing service will be of great help for you. There are various that need to be considered and negotiated before flagging off any contract with a Legal proves outsourcing company. It will help you to maintain a good rapport and working relationship with the legal process outsourcing offering company. Initiate your outsourcing process by doing an evaluation of all your works. It will enable you to decide the type of work that you wish to outsource. After deciding the type of work, its time to questions that you must ask from your vendor. Some of the basic questions are as follows:

What will be the cost for legal process outsourcing services?

How well the LPO providing company will be able to meet our needs?

Why should that particular LPO Company be hired?

In case of legal process outsourcing Company you should be able to deal directly with that company. Besides direct communication medium, it must comply with all the obligations and privacy or confidentiality issues of the client. A standard set of benchmarks and metrics must be followed to measure the overall success or failure of the services provided by the company.

The advent of legal process outsourcing in India started as legal support services but in very less time duration, this sector has witnessed a phenomenal success and popularity. Always focus on how much profit can you make by legal process outsourcing. Calculate how much you can save along with all the mandatory tax advantages. Pay attention to the quality of the service offered by LPO Company. Properly analyze the associated risk factors and risk allocation framework to develop a strategy to control the risks. One of such risk can be linguistic or cultural differences that can cause obstacles in day to day operations of your business.

In case things run bad in your LPO relationship. One of the important prerequisite for LPO services is to have knowledge of the laws of the country of the LPO Company. It will help you to easily resolve the disputes that might creep in during later stages. So be ready and prepared to protect customer and company information.

Law Firms- Hub for all Legal Services

Law Firms directory is a platform where we have a collection of experienced Advocates in Delhi who provides their consultancy in various legal areas. Law Firms provide the user with numbers of options to choose from according to their legal needs.

Gone are the days when public was unaware of their rights and duties. People are getting more educated in every sector today. As their knowledge is developing, their needs are also increasing accordingly. In today’s date, crime is at its highest rate and so is the need of legal solutions for it. Here comes the need of a place where all justice seekers should get legal solutions of various different law areas under one roof.Considering the need, we have made Law Firms directory where immediate legal help can be provided without any barriers. For more details on how the Law Firms directory works, keep on reading. We, here in Law Firms, have gathered numerous Advocates in Delhi to contribute their knowledge and helping hand to all our clients sharing their experience in legal issues. We have a huge collection of Advocates in Delhi practicing in various different legal areas. Client can directly choose their suitable advocates as per their legal needs from number of options available. We provide free registration for advocates as well as clients thus making it an effective ground on which advocates and clients can meet up and communicate.

Law Firms directory has ensured that only the best of Advocates in Delhi join our directory so as to ensure quality of result for its users. Clients can also view every advocate’s profile in order to know more about their qualifications and area of practice. Seekers are provided with detailed description of Advocates in Delhi including their chamber address, residential address, areas in which advocates are specialized along with their contact details. Seekers can also post their cases specifying the kind of help they need. Later, advocates will view cases submitted by users and they will contact the clients as per their suitability. Besides this, we also provide other law related information like list of law colleges from where advocates can contact law students and offer them internship thus giving our law students a chance to work on live cases and gaining exposure of the same. We also provide information on various legal terms. Law Firms directory has become a universal platform for searching all Advocates in Delhi enabling quick law consultancy in all law areas. So if you are looking for some legal solutions, you don’t have to search the whole market for Law Firms directory have brought you a complete solution for all legal services. We provide all kind of information to help your industry grow with some of the excellent Law Firms in India. He confidently recommends a famous. Advocate in Delhi.

Immigration Solutions Mara Registered Agent Mumbai India Australia Immigration Consultant Mumbai

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We are MARA Registered Agent Mumbai migration visa specialists. We can assist you with work permits, skilled migration, business migration and family based visas. We also help with extending your stay on your present visa, converting your visa to permanent residence and citizenship. Were legally qualified and also assist with appeals and reviews. Immigration Consultants in Mumbai, India provides Immigration Migration Visa Consultants assistance to people MARA Registered Agent in India
Our Sr. Consultant Mr. Amyn A. Patel is one of the few MARA Registered Migration Agents in India . His Migration Agents Registration Number (MARN) is 1170267.
In Australia it is illegal for anyone to provide immigration assistance or advice if they are not registered. A Registered Migration Agent (RMA) is someone who is registered with the Migration Agents Registration Authority (MARA). In order to be registered with the MARA a migration agent must meet several requirements. Some of these are:
Migration law qualifications to be able to interpret migration laws for clients – Mr. Patel has a Post Graduate qualification in Australian Migration Law and Practice
Maintain access to Australian Migration Laws and Policy We maintain access to a state of the art electronic legal resources to keep up with changing legislation
Meet character requirements The MARA undertakes a character check to ensure that the agent is a person of integrity and good character
Abide by MARAs code of conduct We act in accordance with the code of conduct and work in the best legal interests of every client. We are fair and honest in our dealings and protect the confidentiality of our clients. We also keep all advance fees paid by clients in a separate account.
Maintain Professional Indemnity Insurance
The Australian Immigration Department (DIAC) recommends that if you use the services of an immigration consultant or agent you should only choose a MARA Registered Agent in India. Clients of unregistered agents are at a high risk of being given misleading and incorrect advice. Engaging Immigration Solutions as your Australian migration agents in Mumbai & Pune gives you the assurance and peace of mind knowing that your visa application is being handled by qualified and experienced professionals. Why risk your application and career with unregistered agents knowing that you have a much better option?