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.

Incredible Benefits in Investments in Residential Projects in Noida – AtnInfratech

Investments in reasonable residential projects in Noida and Noida Extension are associated with numerous benefits. The property investment has seen a steep rise and is expected to continue for few years. If you are thinking of investing in residential real estate, you will definitely enjoy the following amenities

Location: Surrounded by Delhi, Ghaziabad, Greater Noida & Dadri, and Faridabad and up to a level by Gurgaon as well, Noida and Noida Extension enjoys prime locality. The fast paced development is the proof of its attractive location. Extraordinary connectivity to New Delhi: Noida and Noida Extension have the winning edge because of its closeness to Delhi. With direct metro connectivity and finest roads, reaching Delhi is easy. The DND Flyway is a fine expressway that connects to south Delhi.

Affordability: No doubt residential property of Noida and Noida Extension is more affordable and more budgeted. Various designs are available in these cost effective residential apartments in Noida Extension in the whole North India as far as the functions and facilities are in comparison. Even the accommodations are available here at inexpensive costs which have redirected the customers because of more cost-effective and effective choices.

Lavish Infrastructure: Facilities of well designed streets, power and water accessibility are some of the functions which are included on down on the cap. Moreover most of the tasks in this place are based on the combined use kind of truth which provides town center kind of way of life to customers. This means they can stay and work in the same material without getting out of the gated community. These are self maintainable designs where all the primary essentialities are met within the township.

Development: There are many and different projects that are coming up in Noida & Noida Extension which is thus enhancing up the property business of this place. Many MNC’s and recognized business homes are making an investment in various expert tasks as an impact many expert possibilities have appeared. Academic institutions of reputation, different activities functions and major expert homes are all a part of the outstanding infrastructure. Making aside the expert importance there are several convenience provided to citizens.

Here you get the most specific data source of the material designer and tasks ready for investment. You can also get the best quotation regarding any of the tasks, such as your preferred service, price range, place and other specifications, which you usually consider while looking for the property investment, or purchasing chance.

Build Your Own Greenhouse – Gothic Arch Greenhouses

If you want to build a greenhouse, you should be careful planning, the final choice of the greenhouse will depend on the growing space desired, Home architecture, available sites, and costs.

Backyards, rooftops, crop production fields, from the Arctic Circle to the equator almost every climate and environment can benefit from some kind of greenhouse. Controlling the environment in these greenhouses can mean more heat, more shade, supplemental lights, insect screens, etc. Lets look at some commonsense approaches and basic deciding factors one can use in site planning for a greenhouse:

Light Just as in planning a garden, greenhouse growers should be very aware of changing light patterns throughout the seasons. Even in an open field, one needs to be aware of orientation to the direction of sun. Intelligent site planning in a backyard can save a lot of energy and may allow growers the edge that will make their plants thrive.

Look for deciduous trees cover from deciduous trees can give the much needed shading in the summer, which is probably the most difficult time of year to keep anything thriving in the average backyard greenhouse. Also, remember that the angle of light changes from winter to summer, as well as the rise to fall points on the horizon. This will help with orientation to other buildings, high fences, etc.

Foundation and site drainage – Consider the type of foundation on which the greenhouse will be installed and consider the drainage and elevation of the site. The drainage of the site is crucial. Always, factor in what foundation requirements are for each model and type of greenhouse.

Energy Input issues – Your greenhouse will need energy input to power fans, heaters, etc. Thinking out the distance from your power and water source is a very necessary first step in a friction free greenhouse building process.

Once your power is there, you will need it for a variety of environmental controls. Fans (both ventilation and circulation), motorized controls for vent windows, evaporative cooling pumps, heaters (if electric), etc.

Ventilation is probably the most important issue in a greenhouse, without it the greenhouse quickly turns into a solar oven in which no plant can survive. Ventilation in the greenhouse is maintained through passive vent windows on the sides and ridge of the greenhouse and/or through fans and shutters mounted on opposing ends of the greenhouse.

Circulation fans are important to distribute heat and agitate plants preventing soft growth and stretchy internodes.

Evaporative coolers work by pushing or pulling air through a water-saturated pad and into the greenhouse. They are most efficient in dry climates, but work in humid tropical climates as well. Misting systems with natural ventilation are also a viable option for cooling the greenhouse in some climates.

Coverings, Insulation, and Light Transmission

Im going to break down greenhouse coverings into three basic material groups: polyethylene film, polycarbonate, and glass. Each has advantages and disadvantages.

Polyethylene film, or poly film, is the film plastic sheeting commonly seen on commercial greenhouse ranges and inexpensive hoop style Greenhouses. The typical lifespan of the material is about 4 years, after which it will need to be removed and replaced. For some, this is the nature of the business and is budgeted into the equation of growing in a greenhouse. For others, its a maintenance inconvenience that isnt worth the headache and they prefer (and can afford) a more permanent and expensive greenhouse covering material.

Many growers use a double layer of poly film with a blower fan to maintain a pillow of insulating air between them. This setup actually provides some of the best insulation possible. Light transmission levels are normally in the high 80% range for a single layer of clear poly film. White opaque poly film is a good option for growers in really bright and/or tropical locations. Light
transmission for the white poly film is about 55%.

Polycarbonate panels are the rigid greenhouses Greenhouses covering of choice for many greenhouse owners. Panels will last indefinitely though they will start to show signs of UV degradation after about 10 years. There are two main types of polycarbonate panels: single wall corrugated and multi-wall insulate.

Typically not recommend single-wall panels except in areas and for applications where insulating value is of no consequence The multi-wall panels are almost always going to be an advantageous choice. The multi-wall panels help with energy-efficiency whether your goal is to keep cool or keep warm. Light transmissions range throughout the 80% percent range.

Glass is great! I love the feeling of being inside a perfectly transparent climate controlled green space. However, single pane glass is going to be hot in the summer and cold in the winter. The greenhouse frame will also need to be much more substantial to support the weight of all that heavy glass. Shipping costs also reflect the weight of glass.

Many greenhouse growers choose glass despite its expense and fragility because its unique attributes is quite precious: Glass gives near 100% light transmission of all spectrums. Glass last forever and is not subject to degradation from ultraviolet rays. Last but not least is the huge aesthetic advantage of being in a glass structure.

Home Staging Ideas Curb Appeal

With the real estate market on the downturn, it is tough to sell a house these days. It could be a simple problem called “curb appeal”. If potential homeowners drive by and see your house, they will generally make a first impression, split second decision on whether or not they will continue to look further. They may even come inside for a second look, but first impressions count. Here are ten home staging ideas to make your house more noticeable and inviting for potential homebuyers, and increase your likelihood to sell.

Step 1
Polish up the exterior. The look of the exterior of your house will have a lot to do with how much potential home buyers will consider your home. Its the first glance of your home and therefore it needs to look its best at all times. To do this, either use a pressure washer to clean any stains, or paint the exterior of your home if necessary. This will greatly add a fresh look for curb appeal. Many of the tools needed can be rented or purchased from a local hardware store.

Step 2
Lighting. Light up the houses front pathway and landscaping. Outside lighting will contribute greatly to the alluring qualities of your exterior. Lighting will add to the attractiveness of the home and adds security features.

Step 3
Landscaping using colorful plants and flowers. Include a few plants and flowers where it will accentuate the look of your house. Select colorful plants and flowers, or shrubs that align with the walkway or accent the front door and lighting. Before you decide on a final location youre your plants and flowers, take a step back and take a look from a distance. The flowers and plants shouldnt cover up any strong accent points like windows and doors. It is also a good idea to regularly maintain your landscaping.

Step 4
Looking through windows. Windows should be spotless, and it good shape. Repair any damaged window parts and tighten any screws. Regularly clean your windows too. Curtains and blinds may be added if windows are not in tip top shape.

Step 5
Add outdoor furniture. Entice potential home buyers by adding furniture to your porch of front area. A few chairs and a table will do. Add a nice table cloth to the table and a vase with beautiful orchids or other flowers of your choice. Make potential home buyers imagine their self sitting at the table having lemonade on a hot summer day.

Step 6
Polish up fences. If your fence needs a boost, scrape and repaint it. A fresh coat of paint can brighten the look of the fence and add to the look of the entire yard or front area.

Step 7
Repair lighting. Its a good idea to repair or replace any broken lights. Consider adding solar landscape lighting along the sidewalk and the driveway. Solar landscape lights are inexpensive and come in a variety of styles. For the inside, consider adding compact fluorescent light bulbs which can save you lots of money. According to the Energy Star government site, if every American home replaced just one light bulb with an ENERGY STAR qualified bulb, we would save enough energy to light more than 3 million homes for a year, more than $600 million in annual energy costs, and prevent greenhouse gases equivalent to the emissions of more than 800,000 cars.

Step 8
Welcome your guests. Its always great to see a nice welcome mat at the front door. This will give potential home buyers a welcoming feeling, as if it was their own home.

Follow these simple home staging ideas and you can achieve a great looking curb appeal that many potential buyers can admire and appreciate as they drive by. Remember, homebuyers can continue driving by or stop and take a closer look inside.

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Florida Criminal Lawyer Tips

We
have all heard the lawyer jokes. However, if you or someone you know
has been charged with a crime, a solid criminal defense attorney will
become your best friend. If you are facing fines, imprisonment or
probation in Pensacola, you need a Pensacola criminal defense attorney
with the experience, knowledge and tenacity to win your case or get a
plea bargain. You also want a lawyer who is extremely familiar with the
local Pensacola courts, Pensacola judges and Pensacola prosecutors who
may be seated beside you.

Unfortunately,
many people don’t know good criminal defense attorneys, since up until
this point, there was no need. Then a desperate search begins. We’ll
address some of the characteristics to look for in a good criminal
defense attorney and the do’s and dont’s of navigating the path. There
are many issues to be considered including ability, price, experience
and rapport.

1. Choose a criminal defense attorney who
specializes in the area of defense that you need in the state in which
you are being charged. State criminal defense attorneys are
licensed to practice in certain states. If you are facing a Florida
conviction involving drugs or alcohol, for instance, find a good Florida
DUI attorney. If you are in a custody battle, hire an excellent Florida
attorney who specializes in Family Law.

2. Referrals.
Referrals are a good source for finding a criminal attorney. Maybe you
have an accountant who works regularly with law firms. Or maybe you know
a Florida civil attorney who can recommend a competent Florida criminal
attorney. Remember, this is not the time to hire your uncle who once
got your nephew off on a speeding ticket. If you are charged with a
crime that involves criminal law, this is not the time to choose someone
who is inexpensive or inexperienced.

3. Determine what you want in a lawyer.
Not enough can be said for rapport with a criminal defense attorney.
You don’t have to “like them”, but you should respect their criminal
defense skills. Do you want someone who is young and eager or older and
well established? Will the criminal defense attorney be working the case
himself or will you be relegated to a junior executive or law clerk?
Young attorneys can be great for misdemeanor charges or traffic
offenses. Felony cases are a different matter and should be handled by a
criminal attorney with at least a couple of years experience. Find out
what percentage of time your lawyer will be spending on the case (this
can dramatically effect the fees as well) or what would happen if that
attorney suddenly had a family emergency. Find out how many court
appearances the attorney has made. For instance, if you have committed a
crime In Pensacola how many cases has he/she tried in that
jurisdiction.

4. Professional Organizations.
At the very least, a criminal attorney should belong to the County and
State Bar Associations. Many of these organizations offer referral
services you can use to find a defense lawyer in your area. Has the
lawyer you are considering published any books, articles or treatises?
If so, they have already been subjected to the most brutal audience
possible (other lawyers) and probably are a subject matter expert in
that field of criminal law.

5. Investigate whether the attorney has a Martindale-Hubbell rating.
“AV” is the highest ethics ratings based on the opinions of lawyers and
judges. “BV” and “CV” rated lawyers are good as well. Know that not
every criminal attorney participate in the Martindale-Hubbell rating
system.

After you have located a criminal defense attorney, call
them to schedule an appointment. Many Pensacola criminal attorneys offer
a free initial consultation. If possible, talk to the defense attorney
on the phone before you meet to ask about his/her specific experience
with criminal cases such as yours. At this time talk about hourly rates
or retainers, so you know the fees to defend your case.

Choosing the right criminal attorney is a big decision. Your freedom and future could be at stake!

Why You Require A Personal Injury Lawyers Glasgow

personal injury lawyers Glasgow and Lawyers (PI Lawyers and Attorneys) provide particular lawful abilities, to anyone who has been either actually harmed, or mentally harmed, due to negligence or incorrect doings by a person, or any accepted company (small company, company, government company, etc). They are extremely experienced and experienced in the place of law called “tort law”, such as public wrong-doing, as well as financial and non-economic injury to your body, rights, popularity, or property. They are certified and certified in all areas of law; however, they generally handle only “tort law” conditions. Most common conditions complicated these particular personal injury lawyers Glasgow include accidents, car accidents, faulty products, negligence or errors, slip-and-fall accidents, and much more.

Generally, they are certified “trial lawyers”, though most unique accidents claims settle “out of court”, rather than go to test. They must follow both expert and moral requirements of perform set down by the bar company. Once accepted to perform out law with the bar company, they can lawfully file legalities, announce conditions, set up lawful information, and offer unique accidents advice to sufferers. Commonly known as “plaintiff attorneys” or “plaintiff lawyers”, personal injury lawyers Glasgow are responsible for meeting with prospective customers to assess the lawful matter, recognize unique problems within the larger problem, and significantly research each issue to build the most impressive case. Gradually, expert liability is to secured rights and maximum possible contract for loss and having difficulties.

Personal injury lawyers Glasgow owe their customers “duty of loyalty” and “duty of confidentiality”, and must have their customers’ best interests at heart. To be able to perform out, they have accepted long launched bar exams, and, in most conditions, launched concepts exams. They have also completed a general four-year law degree from an accepted law school. Once exposed to the bar company, personal injury lawyers Glasgow are required to remain up-to-date on all the latest legal/non-legal improvements appropriate to their place of perform out, finishing a regular number of continuous lawful education and learning to stand above improvements in their place. This allows the bar Organization to apply restricted requirements of abilities, information, and encounter, which personal injury lawyers Glasgow must meet to be able to be identified in their place of perform out as an experienced. As you can see from the personal injury lawyers Glasgow who appear on the web site link at the end of this content, Lawyers who finish their specific documentation program, in unique accidents law, at an accepted school, are identified as unique accidents experts, and are your best chance of obtaining a assured result to your unique accidents announce.

Why Choose Rented Townhouse For Residing

When we think of taking rental house, the first thing that comes in mind is what to prefer for rent single, family home or townhouse. Well, if we analysis the real estate market there is increase demand of townhouse for rent insisted of single-family homes due to its great benefits. Townhouse refer to the style of housing in which there is a row of identical or mirror image houses that share common sidewalls along with the benefits like swimming pools, gyms, and common areas like gardens out front or backyards etc.

Townhouse is considered a perfect choice for the People who have moderate-income due to its reasonable cost along with the advantages that are not offered by any other types of houses. The most important advantage of such type of houses is its construction in row and having common sidewalls that make it more secure and reduces the risk of robbery, theft and pilferage. It is better to choose a townhouse for rent due to its facilities like swimming pools, gyms, and common areas like gardens out front or backyards etc that make it look classier and raise your standard also. While choosing this type of home you have a chance to choose from a wide choice of structural design from a traditional to contemporary, from rustic to elegant according to your preference.

In the real estate market, townhouse for rent is increasing and many people are going for a townhouse for rent after fully furnishing the house. Those who do not want to spend much money on renting apartment or hotel room, townhouse is the best option of renting. You will be surprise to know that townhouse is also gaining popularity in tour & travel industry. With such an affordable rent, facilities and security, tourists also want to stay here and enjoy vacation instead of hotels or other apartments.

You can always prefer townhouse for rent for residing, as it gives you the freedom of using facilities like spa, tennis court, barbeque, fitness rooms and swimming pools etc and make you relief from the maintenance charges you just need to pay rent and the rest are looked by the owner. Although some town homes associations have stricter rules regarding children and pets, which can sometimes get over bearing but still the association take care of such elements and make you feel comfortable.

It is very easy to find townhouses for rent, the most easy and convenient method of finding is through internet. There are several real estate websites and each of them has a lot of information related to townhouses for rent, such as location, neighborhood, facilities provided, cost etc. Thus, with the help of internet and real estate websites, you can narrow your search down to what exactly you are looking for and easily find out the perfect Townhouse for yourself.