CH 3 – ALTERNATIVE TO DISPUTE RESOLUTIONS. Alternatives to Litigation. TRIALS – Cost of litigation – What are the costs, expenses How long to get to a trial What is “Alternative dispute resolution” (ADR). ADR. Mediation -3 rd party (mediator) who tries to settle the case.
By bardiaHussey Fraser. Changes to Contracts. CHANGES TO PUBLIC SECTOR CONTRACTS. Substantive changes since 2007 Web based Contracts – v – traditional position Version 7 of the Main Forms of Contract. FIVE YEARS AGO: CONCLUSIONS Well drafted and organised Update and codify
By noahHussey Fraser. Changes to Contracts. CHANGES TO PUBLIC SECTOR CONTRACTS. Substantive changes since 2007 Web based Contracts – v – traditional position Version 7 of the Main Forms of Contract. FIVE YEARS AGO: CONCLUSIONS Well drafted and organised Update and codify
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Costs in Arbitration Anthony Hussey. LIABILITY FOR COSTS. Section 30 of the 1954 Act: The parties could not agree on how costs were to be paid until after the dispute had arisen.
COSTS in ARBITRATION: the PRESENT and the FUTURE. a presentation by HEW R. DUNDAS Chartered Arbitrator DipICArb Arbitrator, Mediator, Expert Determiner. OVERVIEW of PRESENTATION. A Case Study International England & Wales Scotland Other Considerations Conclusions.
ARBITRATION. Arbitration Key Characteristics. Informality resulting in greater speed, less cost Choice of Decision maker Privacy. Private Arbitration. Court – Annexed Arbitration. Uses of Arbitration. Commercial: Parties create process; trade association rules; AAA panel and rules
ARBITRATION. Contents. Brief Background leading to the present appointment What areas will be dealt with Typical Dealership Agreement Clause Role of an Arbitrator Areas which you cannot deal with The Arbitration & Conciliation Act, 1996 The conduct of arbitration proceedings Open Forum.
ARBITRATION. When you´re making a business deal , it´s always wise to read the small print i your contract . Companies often include mandatory arbitration clauses in their contract with suppliers and customers .
Arbitration. Class 1. Administrative. Give quiz. Review. Factors that shape whether mediation occurs Mediation and Impartiality Mediation Outcomes The truck and tire negotiation. Today. What is Arbitration Employment Arbitration and other contracts of adhesion Due Process
Arbitration. Jody Blanke Professor of Computer Information Systems and Law. Characteristics. Created by contract Dispute heard by impartial third party Legally binding decision Generally non-appealable “Favored by the courts”. Advantages. Cheaper Faster More expertise involved.
ARBITRATION. Prevention & Cure. By: Vinay Kumar Gupta Dy.CE/Genl/N.Rly. Precautions/ suggestions are required at different levels : At divisional level (i.e. Respondent level) At contractor’s ( the Claimant) level At Arbitrator level At HQ level At Rly. Bd. level.