I have already extracted paragraphs 55 of SBA-II in which the Supreme Court has held that reference can be made to one or the other four methods of dispute resolution.
It is an indicia of the culture and civilization of the polity. In the absence of clear guidelines, as to in which cases and under what circumstances such compulsory reference can be made, clothing the subordinate courts with such unbridled C. Kapil Sibal, Senior Advocate, Mr.
The question is one of moment. I must assume that all relevant inputs will be taken into account and the decision shall be taken as to whether there are elements of a settlement and whether such elements may be acceptable to the parties.
I have already noted that Rules 1-A to 1-C of Order 10 do not at all refer to reference to any of the four methods of ADR when the parties do not consent to such course.
The Respondent contended that the court is empowered under section 89 of the code of civil procedure to suo motto refer the dispute to ADR processes despite the absence of mutual consent of both parties.
Under Section 89 of CPC, even if the civil court comes to a conclusion that the dispute is of such nature that it could be resolved through arbitration, arbitration cannot be thrust upon the parties.
It calls for wisdom and sagacity on the part of the courts to decide whether there are elements of a settlement and whether such settlement may be acceptable to the parties Afcon infrastructure case analysis also as to which track of ADR would be best suited in the given circumstances.
In all the three, the court and the parties reserve the right for an adjudicated decision; whereas, when it comes to arbitration there is no exit route. The winds of change and transformation in the concept of Arbitration cannot be ignored.
Method of conciliation could be tried by the Board itself if found feasible. That certainly is not the position. Unlike a rule making authority, a committee need not and may not necessarily take into account all the various eventualities as it is evident, and they must have known, that the concerned rule making authority shall apply their mind and accept only the acceptable rules and not accept those that are not.
Examples of such would be convenience, venue, timeliness, or other extenuating circumstances. Choose Type of service. How do we eliminate the huge pendency of cases?
Section Money ordered to be paid recoverable as fine Contention of The Respondent: I shall now proceed to consider the ten contentions that have been raised by the learned counsel to assail the impugned order as also to question the correctness of the interpretation canvassed that reference can be made even when the parties or some of them do not agree and are opposed to the idea of such a reference.
Except the traditional notion of arbitration being adjudication by a private Judge - and I have already disagreed on that objection, there is nothing that suggests that the first mode of Arbitration deserves to be distinguished.
Section 89 uses both the words "shall" and "may" whereas Order 10 Rule 1-A uses the word "shall" but on harmonious reading of these provisions it becomes clear that the use of the word "may" in Section 89 only governs the aspect of reformulation of the terms of a possible settlement and its reference to one of ADR methods.
Ramesh Chander contends that no rules have been framed under Sec. Settlement of disputes outside the court - 1 Where it appears to the court that there exist elements of a settlement which may be acceptable to the parties, the court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the court may reformulate the terms of a possible settlement and refer the same for - a arbitration; b conciliation; judicial settlement including settlement thorough Lok Adalat; or d mediation.
I find merit in that submission. As per the amended C. This distinction obviously was considered by the legislature to be irrelevant for the purpose of categorisation - the purpose of which evidently was to spare the regular system of its burden to tackle all cases that comes to it and to provide alternative mechanism to reduce the burden on courts.
B The second anomaly is that sub-section 1 of section 89 imports the final stage of conciliation referred to in section 73 1 of the AC Act into the pre-ADR reference stage under section 89 of the Code.
The court is not a prisoner of such responses. We deserve to be bold in our task of legislation and interpretation. For instance, the trial court could retain dispute for trial with itself if the matter is of public importance or requires urgent attention and pass down cases which can be better resolved by ADR mechanism.AFCONS Infrastructure Limited is a part of Shapoorji Pallonji Group which is the third largest construction group in India with a group turnover in excess of ` billion.
Over the last five decades, AFCONS has emerged as one of the leaders in Infrastructure EPC Industry by continuously delivering world-class services in the areas of Marine, Highways, Bridges, Metro, Tunnels, and Onshore and.
M/S. AFCONS INFRASTRUCTURE LIMITED versus M/southshorechorale.comN VARKEY CONSTRUCTION CO.(P) High Court of Kerala.
Considering the fact that the case had arisen out of a work contract it is only just that such matters are decided by an Arbitrator. the amended Section 89 on analysis insists on the following: (1) It must appear to.
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