Académique Documents
Professionnel Documents
Culture Documents
By : Tejpal Sheth
Objectives of Amendment
Minimise the supervisory role of the Courts Arbitral Tribunal to give reasons for Award Permit Arb. Tribunal to use Mediation, Conciliation, other procedures Arbitral Award enforced as if it were a decree of the court Conciliation proceedings --same status and effect as an Arbitral Award Foreign Awards
ADVANTAGES OF ARBITRATION
Technical matter : appropriate special qualifications of the Arbitrator. Speedier than a court case saving in the costs unwanted publicity can be avoided Convenience of the parties as to time and place Arb. Can view subject at any reasonable time
THE ARBITRATION AND CONCILIATION (AMENDMENT) BILL, 2003 to enable the judicial authority to decide jurisdictional issues, to empower the Courts to make reference to arbitration in case all the parties to a legal proceeding enter into an arbitration agreement to resolve their disputes during the pendency of such proceeding before it; to provide for the appointment of arbitrators by the Chief Justice of the Supreme Court or the High Court to prevent writ petitions being filed on the basis that it is an administrative order of the Chief Justice.
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THE ARBITRATION AND CONCILIATION (AMENDMENT) BILL, 2003-2 where the place of arbitration under Part I of is in India, between Indian parties or an international arbitration Indian law will apply. completion of arbitrations within one year; at the end of one year the Court will fix up a time schedule for completion of the proceedings until the award is passed. empower the arbitral tribunal to pass peremptory orders for implementation of interlocutory orders and in case they are not implemented, to enable the Court to order costs or pass other orders in default.
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Appointment of an Arbitrator
person of any nationality parties to agree on a procedure for appointment of Arb. Failing agreement as in above -- the two Arb shall appoint a third Arb who shall act as the presiding Arb---Umpire. 30 days failing which CJ or any person or institution designated by him
Procedure by Arbitrator
Delivery of points of claim and defence-similar to pleadings particulars of claim and counterclaim discovery and inspection of documents inspection of property and things by (1) arbitrator (2) parties fixing the time and place of hearing
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Procedure
Claimant (or advocate) opens his case ---also defence to counterclaim Claimant calls and examines his witness--who may be cross -examined by the respondent Claimant may re-examine him Respondent opens his case Respondent calls and examines his witnessmay be cross examined by the claimant
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Emission of air pollutants, improper handling of hazardous wastes Excessive emission of stock/Noise beyond limit
IPC
Industry or operation shall not discharge or emit any pollution in excess of limit
Safeguards substances
in
handling
hazardous
& follow
Person in charge must take immediate action to mitigate and inform the authorities. Expenses can be recovered from person
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Environmental clearance
Government has identified 29 highly polluting industries Environment impact assessment of development projects compulsory Various areas declared as green belt or no industry zone. Public hearing made mandatory for projects which requires central government clearance
Application made to State pollution board Summary of project will be available for public inspection Clearance granted will be valid for 5 yrs.
Green means non-polluting industries Orange means industry permitted with pollution control measure Red means industry not permitted. They have to be closed or shifted.
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