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
Business disputes need speedy resolution. Litigation is the least favoured method of resolution for a variety of reasons – delay being the foremost. The Indian judicial system is marred by delays. Businesses suffer because disputes are not resolved in a reasonable time. It is fashionable to talk about ‘Alternative Dispute Resolution’ (ADR) methods like negotiation, mediation, conciliation, arbitration, etc. but out of these only arbitration is used frequently as a method of choice for business dispute
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
The Supreme Court and High Courts have played a great role in the development of Arbitration Law not only in India but also world over. The Arbitration and Conciliation Act, l996 is the product of the laws laid down in different cases as well as UNCITRAL Model Law and arbitration law world over. The Supreme Court observed in Narain Khamman v. Pradhuman Kumar , that it is now well settled that though the statement of objects and reasons accompanying a legislative bill cannot be used to determine
a tax resident of another country. Under the Income Tax Act 1961 of India, there are two provisions, Section 90 and Section 91, which provide specific relief to taxpayers to savethem from double taxation. Section 90 is for taxpayers who have paid the tax to a country with which India has signed DTAA, while Section 91 provides relief to tax payers who have paid tax to a country with which India has not signed a DTAA. Thus, India gives relief to both kind of
The Supreme Court and High Courts have time and again significantly influenced the development of the arbitration law in India. The Arbitration and Conciliation Act, l996 is the borrowing of the provisions laid down in different laws of different countries as well as UNCITRAL Model Law. The following are several judgments that impactfully interpreted the law of arbitration in India. The Supreme Court in Narain Khamman v. Pradhuman Kumar , observed that though it is well settled principle that though
ANALYSING DISPUTE SETTLEMENT MECHANISM IN INVESTMENT TREATIES INTRODUCTION The notion of investment, and its definition are vague and the meanings of this term in economics and investment treaties are quite different. In economics, investment is the accumulation of newly produced physical entities, such as factories, machinery, houses, and goods inventories. By investment, economists mean the production of goods which will be used to produce other goods. But the international investment treaties
Strategic human resource management consists of three tasks which are: assuring that the issues and implications of various alternatives or proposals are thoroughly considered when making decisions, establishing goals and action plans to support the business strategy, and the adequate implementation of action plans by working with line managers. Before one can implement an HR strategy
judicial thinking -It was Gujarat High Court which recognized utility of this method in State of Gujarat v. Natwar Harchandji Thakor , as the alternative means of redressal to deal with the huge arrears in criminal cases. The court gave the reason that; very object of law is basically to provide cheap, easy and expeditious justice through resolution of disputes. It can be thus said that it is a redressal and measure and shall add a new dimension to the realm of judicial
Introduction In this era’s global,there are many problems happened in Malaysia.This can be seen in consumer’s problems that having to make decisions in choosing products and services daily or to get protection as a consumer.For example, when a consumer got problems with a service that given by seller such got a things that damaged,then we do not know how to solve it,how to get a protection in consumer problems. In view of the importance of protecting the basic rights of consumer,the United Nations