A Descriptive Study on Alternative Dispute Resolution in India By Mrs. Anjalli Vachhani (H.R. College of Commerce and Economics) Abstract: Fight is a fact of life. It is not moral or immoral. However, what is significant is how we accomplish or grip it. Negotiation practices are often essential to resolving fight and as a basic practice these have been around for many thousands of years. Alternative Dispute Resolution (ADR) refers to a diversity of rationalized resolution practices designed to resolve
not with the same name, but with the same characteristics of dispute settling. It can be traced back from the period of the Renaissance, when Catholic Popes acted as arbiters in conflicts between European countries. Also, kings used these types of aids as an extension of their own authority. They would accept the decision made by a third party, typically made by a local, highly respected person, which acted as an arbiter in a dispute between two parties; thus, creating one of the first forms of
minds have always devised ways and means for resolution of conflicts.” The world has become immensely globalised; characterized by intense exchanges of cultural, social, and commercial nature between private/public individuals or corporations. This boost in International businesses and across the border relationships are of pivotal importance and have also brought to light the lacunae in the so-called ‘globalization of the law’. However, the resolution of these conflicts is imperative which is made
a mutually acceptable and amicable resolution of the dispute. The mediator doesn’t decide the dispute but helps the parties communicate so they can try resulting in the settlement the dispute themselves. Here one notable thing is that mediation leaves control of the outcome with the parties. Mediation may be particularly useful when parties have a relationship which they want to preserve. So when family members, business partners, or neighbors have a dispute, mediation may be the ADR process to
on the advantages and disadvantages of ADR and, ultimately, its contributions in the civil justice system despite its many criticisms. When parties are in a civil dispute, they usually choose to resolve the dispute through a court hearing. In the civil justice system (‘CJS’), civil cases may begin in one of three courts; Magistrates’ Courts, County Courts and the High Court although most
principle, federal courts have long recognized their power to dismiss a case in a proper venue on venue grounds under the doctrine of forum non conveniens. Forum non conveniens is a common law doctrine that allows a court to dismiss a case if an alternative forum is substantially more convenient or appropriate. Judges lack the authority to transfer cases outside of their own court systems, so if a court makes the determination that a foreign court is a more convenient location for the suit, the judge’s
and an award, if any is invalid and it is immaterial whether a prosecution has been actually started or not . One of the principle advantages of arbitration over litigation is commonly stated to be that, where the dispute concerns technical matter such as a building contract, the person chosen to arbitrate will normally be an expert in the subject matter in the dispute, whereas a judge will seldom have any practical experience of the technicalities of trade in question. This brings about a difference
I. What is International taxation? International Taxation refers to the global tax rules that apply to transactions between two or more countries in the world. It encompasses all tax issues arising under a country’s income tax laws that include some foreign element. Taxes are not international; there is no separate global tax law that governs cross border transactions. Moreover there is no international tax court or administrative body for it. All taxes are levied under their domestic law by federal
majority of these tasks are however time consuming and prone to error, thus it would be to the advantage of quantity surveyors to minimise these tasks. With quantity surveyors not having to complete these tasks, they have more time to focus on other tasks that are usually rushed (Matthews, 2011: 1). Quantity surveyors could focus on providing cost and money advice to their clients as well as providing alternatives on “how to cut carbon emissions, energy and running costs” as mentioned by Matthews (2011:
product changes, Governmental and regulatory barriers like foreign investments, currency repatriation etc. Intellectual property and quality control issues in regards to protection of the trademarks , names and service marks, Dispute resolution explicitly of the law for the resolution, Use of a local liaison which plays a big role in reducing the gap between