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.
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
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.
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 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.
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.
Latvia is considered for immigration because it is one of European Unions fastest growing economies. This nation located in the north of Europe is a major financial, cultural and commercial centre with the regions largest international airport. The country is a member of premium international organizations like World Trade Organization, International Monitory Fund, European Union, United Nations, Nordic Investment Bank etc. It is also an important seaport. All the above factors make Latvia a very commercially viable centre.
The culture of the country is very open and accepting towards new immigrants with their cultural diversity. Main practiced religion of the country is Christianity. The climate of the country varies from region to region, though at time it gets considerably cold. The population is a mix of Latvians as well as Russians.
All the sectors of the country have been privatized and it practices Capitalist mode of economy. This act has brought good returns to the commerce of Latvia, contributing in the countrys economic growth as well as increasing employment and investment opportunities manifold. This economy also makes the country ideal for foreign investment, as those investments can reap large benefits due to privatization. The country favours immigrant investment and business practices.
Latvia offers a Temporary Residence Permit to those who wish to settle in the country for a longer period of time as it enables them to reside in the country for a particular amount of time and gives them free access to many territories for business. A Latvia Temporary Residence Permit allows unrestricted movement and settlement opportunities in European Union countries.
To immigrate to Latvia, it is important that an applicant must first gather all the essential information regarding immigration and assess the locations suitability with regards to self. Since the immigration procedure is long and tedious, it is advised that the services of a professional visa and immigration consultant are sought. An efficient consultant can make Latvia immigration visa processing from India a piece of cake experience. There are consultants who have been in the industry for many years and have a lot of experience in cases of Latvia immigration visa processing from India. Such consultants will take the burden off the shoulders of the applicant and take care of immigration procedures like application filing, documentation, Visa interview preparation and all such major aspects. A good consultant will look after each and every detail with responsibility.
However, before choosing a consultant on must ensure that the consultant has experience in the field of Latvian immigration. Apart from experience, the consultant should necessarily have all the licenses required to practice this trade and must be duly qualified for the profession. One must beware of fake consultants who suggest presenting fake documentation in order to speed-up the immigration process.
Chief Executive Officer
Dan uses his considerable experience in managing technological innovation and complex international operations to drive Brightleafs strategy and growth. Before starting Brightleaf, Dan was President and Chief Operating Officer of Corporate Fundamentals, Inc., a leading business process automation and data structuring solutions provider that he led through international mergers to its purchase by Hemscott Plc and Veronis Schuler. Dan has held executive leadership positions where he has overseen market development efforts for biometric technology firms and has managed strategic operations across fifteen countries on four continents for Compaq. He holds a Masters of Science Administration – Technology and Innovation from Boston University, and a Bachelors of Science degree in Industrial Engineering from the University of Massachusetts. Dan is a competitive cyclist and sits on the Board of Directors of several charitable organizations.
Venkat Srinivasan, Ph.D.
Dr. Venkat Srinivasan guides Brightleaf with diverse experience from his string of entrepreneurial successes and his rich academic background in credit, finance and knowledge-based technology architectures. He is currently the founding CEO of Rage Frameworks, Inc., which is enabling the creation of process and capital efficient, technology-based businesses and business process automation centers with its patented business process automation technology. Venkat has founded and is currently actively involved in Creditpointe, Inc., and EnglishHelper. Prior to these ventures, Venkat founded Corporate Fundamentals and eCredit, both of which he led as CEO and guided successfully until their sale.
Venkat holds a Ph.D. in Finance from the University of Cincinnati, Ohio, and was an Associate Professor at Northeastern Universitys Graduate School of Business in Boston, MA
Jason Mendelson, Esq.
Jason is a co-founder and Managing Director for Foundry Group. He currently serves as a director to Brightleaf, Oblong, and Pie Digital. He also sits on the boards of the National Venture Capital Association and Silicon Flatirons Entrepreneurship Board. Jason has written extensively about the venture capital and business law industries, specifically around what he calls Law Firm 2.0 and the future of the law firm practice. Previously, Jason was Managing Director and General Counsel for Mobius Venture Capital, and, before that, practiced corporate and securities law at Cooley Godward Kronish, LLP. As an attorney, Jason consummated over $2 billion of venture capital investments, $5 billion in mergers, and acquired extensive experience in fund formation, employment law and general litigation. He began his professional career as a software engineer and consultant at Accenture.
Jason holds a Bachelor of Arts degree in Economics, with distinction, and a Juris Doctorate, cum laude, from the University of Michigan. Jasons writings appear at Mendelson’s Musings and www.askthevc.com.
Perhaps more than anyone, Ramana Venkata understands how to help law firms and legal departments use technology to collect the massive amounts of flat, unstructured data that flows through their documents and organizations and then make that data intelligible so they can act upon it for profit, compliance, and risk mitigation.
He founded Stratify in 1999, and built it into the leading provider of technology-enabled EDD services to AmLaw 200 law firms and Fortune 500 corporations. When Iron Mountain acquired Stratify in 2007, Ramana became an Iron Mountain Senior Vice-President and General Manager of its Stratify division. He worked at Intel Corporation on Data Mining methodologies and applications. He completed five years of Ph.D. research in Scientific Computing and Computational Mathematics at Stanford University, holds a Master of Science degree in Mechanical Engineering from Stanford University and a Bachelor of Technology degree in Mechanical Engineering from the Indian Institute of Technology, Chennai. Ramana writes and lectures extensively and lectures frequently on the topic of electronic discovery.
Muthu has over 20 years of experience in the software industry, with extensive expertise in building internet-based process automation solutions and in managing development and technology teams both in the United States and Asia.
Muthu comes to Brightleaf from Hemscott/Ipreo, where he led the development of highly scalable, web-based data automation projects for well-known clients in the financial service sector. Before that, he was Director of Software Development at eCredit.com, where he designed complex rules-based process automation methods. He has extensive experience directing technology and development teams in both the United States and India.
Muthu holds a Masters in Computer Science from National Institute of Technology and a Bachelor of Electronics and Communication Engineering from PSG Tech, India.
Luke OBrien, Esq.
Senior Corporate Counsel
Luke is a veteran technology entrepreneur and experienced in-house counsel with a consistent record of producing innovative solutions to intractable problems. He believes deeply in the judicious application of technology to resolve process inefficiencies that separate knowledge-based service providers and their clients. Before joining Brightleaf, he founded, built, and sold technology companies in such diverse areas as SaaS-model legal process automation for the health law industry (Secure Record Services), GPS geoinformatic technology (SkyLinks, which he sold to John Deere), and mobile web directory services (Envenue, which he sold to Switchboard-Infospace).
Luke holds a B.A. in Biology from the College of the Holy Cross and a J.D. from Suffolk University Law School. Luke serves as director for LR4J, an organization he helped found that raises millions of dollars to feed the hungry and homeless in Massachusetts poorest cities. Sometimes, he watches his brother host The Tonight Show.
Director of Product Design and Management
Tom uses his 13 years of experience with the best practices of product management and design to ensure that Brightleaf’s groundbreaking legal technology products deliver maximum value to its customers. Specializing in disruptive and next-generation technologies, Tom has managed all facets of the product development lifecycle. Before Brightleaf, Tom led design and product management at Sovereign Bank, Fidelity Investments, and OneSource Information Services, as well as two Web 2.0 startups, Blue Egg and Good2Gether.
Tom holds a Bachelor of Arts degree in English from Princeton University.
Director of Operations
Anil possesses deep experience in technology management, process automation, and the development of large-scale offshore operations. Before Brightleaf, Anil managed strategic operations across three continents for a Hemscott unit that was acquired by Morningstar and ran client relations groups at eCredit.com and at Corporate Fundamentals.
Anil holds a Masters degree in Management from the University of Bombay and a Masters in Information Systems from the University of Texas. Hes a nationally ranked badminton player and a former national champion who has represented India in International Grand Prix events.
Lynne Zagami, Esq.
Director, Client Strategic Processes
Lynne is a strong advocate for the deployment of technology to bring intelligence and efficiency to the practice of law. She brings experience as a corporate associate in two large law firms to her work at Brightleaf. While at Proskauer Rose LLP and Brown Rudnick LLP, Lynne represented both public and private companies. Her work involved venture capital transactions, SEC reporting and compliance, and mergers and acquisitions. Lynne served on the Brown Rudnick Associate Integration and Development Committee, and has been an active speaker on the the recent changes affecting large law. Her insights have been chronicled by The American Lawyer Magazine and Wall Street Journal Radio.
Lynne holds a Bachelor of Arts degree in Womens Studies from Smith College, and a Juris Doctorate from New York Law School. As a member of the New York Law School Moot Court Association, Lynne won numerous awards for her writing and oral advocacy skills. She is a Class Fund Agent for the Smith College Class of 2000, and serves on the Board of Directors of Habitat for Humanity of Greater Plymouth.
Walter Wright III, Esq.
Senior Strategic Advisor
As a founding investor, Walter Wright provides Brightleaf with pioneering thought leadership on the law of business and the business of law. As managing member of Trinity Law Group LLC (recognized by the Martindale-Hubbell Bar Registry of Preeminent Lawyers among the most distinguished law firms in America), he focuses intensely on the strategic, organizational, operational, capital and transactional requirements of entrepreneurs, start-ups, emerging and mid-sized companies. He also represents well-known venture capital funds and angel groups.
Walt is a magna cum laude graduate of both Boston College Law School (J.D.) and Tufts University (B.A., M.A). He is consistently recognized as a Boston Magazine Super Lawyer In 2008, Walter Wright was named to the Top 100, an exclusive list of attorneys in Massachusetts who received the highest point totals in the Super Lawyers nomination and blue ribbon peer review process. Of the Top 100, he is one of only 3 lawyers selected in the Business/Corporate category. Walt regularly receives Martindale-Hubbells highest Peer Review Rating as an AV attorney for legal ability and ethical standards.
David Curran, Esq.
Senior Strategic Advisor
Dave Curran is chief legal and compliance officer turned business technology leader with a passion for bringing best practices, technology and cost savings to the intersection of law and business. Dave was CEO (and remains an Advisor) of Integrity Interactive Corporation, a technology-powered risk management business in the ethics and compliance space. Before joining Integrity, Dave was President and CEO of DCI, Inc., a SaaS compliance and content and document management subsidiary of Havas.
Dave has held senior business leadership and legal positions with Campbell Soup Company and Readers Digest. He began his career as an attorney with Satterlee Stephens Burke & Burke, a boutique New York firm concentrating in litigation, media law, commercial transactions and intellectual property.
Dave received a B.A. with highest honors from SUNY Stony Brook, and a J.D. from the Boston University School of Law. He is a frequent guest speaker at industry and legal forums and has been an Adjunct Professor at Rutgers University Law School and the New School. He is an advisor and director to several companies, including FMP Media and Wisdom of the World and is a Mentor at MITs Venture Mentoring Service.
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.