Legalfundaa

Conciliation Introduction   Conciliation is another method of alternative dispute resolution. Section 61- Application and scope   Section 61 states that whenever there is dispute arising out of legal relationship, then parties may follow the provision of Part III of this act. If parties agreed that they do not want to follow this part, act says that’s fine too! This section also makes it clear that the disputes which are mandatory needed to go to court are not covered under this part. (Like Criminal matters!)   Section 62- Commencement of conciliation proceedings   Section 62 provides details when conciliation is started. To initiate the conciliation, party who wish to being conciliation proceedings must need to send written invitation. “I invite to glorious and expeditious conciliation proceeding, kindly accept and come”! This invitation must include subject of the dispute. As soon as other party accepts this inv...

Enforcement of foreign awards Introduction   Part II of the Arbitration and Conciliation Act deals with enforcement of foreign awards. There has been tremendous growth in international trade and commerce. It is therefore necessary that is an easy dispute settlement mechanism. Take this example; Reliance (Indian Company) is dealing with Dassault Co (Rafale Fame French Company). During their commercial engagement dispute arises. They decide to go to arbitration in France. Arbitrator asks Reliance to pay 100 Crore Rs to Dassault.  Do France court have authority to enforce Reliance to give 100 Crore, because Reliance is situated in India?  Who should force Reliance to pay that money to French Company?  These are the questions answered by part II of the Arbitration and conciliation Act. We will see section by section to understand this part.   Section 44- Definition (Article I in New York Convention)   This section defines what “foreign awa...

Introduction Objective of Legal Services Authority Act was two fold. First, provide access to legal services to those who are not financially well off. Second, the speedy mechanism to dispose of the cases. In this blog, we have seen who all are given access to free legal services. What are the authorities that assist in this objective. There are around 3.3 Crore pending cases. Ok let's write full number to understand the gravity of this problem. 3,30,00,000 cases!  This number is not reducing. Only two states, UP and Maharashtra account for approximately 1 Crore cases.  So how do you deal with this staggering pendency? This act provides a mechanism for speedy disposal of cases through the Lok Adalats. Lok Adalats This is envisioned as one of the mechanism for speedy, amicable and cheap dispute resolution mechanism. People who decide the matters in Lok Adalat consist of legal as well as non-legal members. It is in better position at convincing the party t...

Introduction  What were the factors that lead to enactment of Legal Service Authority Act? What are the bodies which operates under this act? What are power of those bodies? How this act had made an effort to make justice accessible to most people? Apart from this, we will look at the critic, whether this act was able to achieve it's purpose. First let's start with what are the problems which create hindrance in access of justice. What are the problems to access to justice? Poverty, Time and Money Financial condition of claimant pays extremely important role in access to justice. Typically people from lower economic strata don't have fees to be paid to lawyer. Apart from it, person have to take 1 day leave which would again impact earnings. Long time for disposal There have been instances where grandfather had filed a case and result came after generation. "Justice delayed is justice denied".  Public authority involved in a dispute ...

Introduction The whole purpose of Arbitration and Conciliation is speedy and cost effective dispute resolution. Just imagine, if every arbitral award is allowed appeal ? First Matter will go to High Court, then Supreme Court, and it will take years. It would defeat the whole purpose of arbitration and conciliation. Therefore, act provides extremely limited grounds on which arbitral award can be challenged. These grounds are covered under section 34 of the act. There are other grounds discussed in section 13 and section 16 which deals with challenging a procedure and challenging a jurisdiction of arbitral tribunal respectively. Challenge to procedure or arbitrator (Section 13) Section 12 mandates that arbitrator should disclose any relationship with any parties for impartiality. If it appear to any party of any relationships or doubt abut arbitrator, then appointment can be challenged. Such an appointment should be first challenged before arbitral tribunal. If this challen...

Introduction It is a conclusive determination of question, issues or dispute brought forward to the arbitral tribunal. Tribunal will give reasonable opportunity to all parties, it will hear all parties then finally come to conclusion about award or final decision. In earlier post, wherein we have discussed proceedings of arbitration, we know one party submit for claim and other party defend it. Arbitral award is final determination, whether to grant a claim, or refuse a claim, or a decision about rights and liabilities of parties in disputes which are brought forward to arbitral tribunal. Below are some actions which arbitral tribunal can take based on proceedings, hearing and evidence produced before it. the tribunal may order the payment of a sum of money (conventional damages) the tribunal may make a "declaration" as to any matter to be determined in the proceedings in most jurisdictions, the tribunal has the same power as a court to:  order a party to do o...