Enforceability of Interim Measures Vis-À-Vis Third Parties Under the Arbitration & Conciliation Act, 1996

2012 ◽  
Author(s):  
Manini Bharati
Keyword(s):  
Third Parties ◽  
Interim Measures

Evolution of Arbitration System under the China FTZ Template

2018 ◽  
Vol 01 (03) ◽  
pp. 1850018
Author(s):  
Liu Huichun
Keyword(s):  
Free Trade ◽  
Ad Hoc ◽  
Third Parties ◽  
International Arbitration ◽  
Republic Of China ◽  
Free Trade Zones ◽  
Judicial Practice ◽  
New Concepts ◽  
Interim Measures ◽  
Made In

The construction of China’s free trade zones (FTZs) has levered the evolution of the arbitration regime in the People’s Republic of China (PRC). Under the FTZ template, breakthroughs in arbitration have been made in regulations, FTZ arbitration rules, arbitral proceedings and judicial practice. The development of FTZ arbitration mechanism is highlighted with the introduction of new concepts, such as ad hoc arbitration consolidation of arbitration joinder of third parties and model cases, and with the updated or expanded interpretation of the existing concepts, such as permission for the offshore arbitration for WFOEs and FIEs interim measures arbitration in combination with mediation, and the open panel of arbitrators. Regardless of the progress, many issues related to the FTZ arbitration need to be clarified, among which is the amendment of the PRC Arbitration Law and keeping it in line with the mainstream international arbitration, constitute probably the most effective way to promote and guarantee the arbitration evolution.

Emergency Arbitrator: Indian Prospects

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Dr. Ashish Kumar Srivastava
Keyword(s):  
Dispute Resolution ◽  
Third Parties ◽  
Real Problem ◽  
Anglo Saxon ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
National Courts ◽  
High Courts ◽  
Interim Measures ◽  
Indian Perspective

International commercial arbitration is one of the most favourite mode of dispute resolution in world for resolving commercial disputes. Speed and cost are two important features what makes arbitrationa sought-after mode for dispute resolution because in conventional dispute resolution by courts ‘Remedy becomes worse than malady’ due to delay and cost. Legalism and authoritative courts in Anglo Saxon societies make the justice dilatory and expensive which is termed analogically as a disease of ‘Adversariasis’. Judicial minimalism is encouraged by entrepreneurs and business class of world which results in enhanced thrust on international commercial arbitration. In any arbitration interim measures are sine quo non. The irreparable loss and balance of convenience demands intervention by authoritative body to order and issue processes which can binds parties and third parties. In such cases unless interim measures are sought by municipal national courts no effective and binding interim remedies can be granted to the parties and third parties. The arbitrator once appointed is competent enough to grant interim measures and it can also decide about its jurisdiction based on doctrine of Kompetenz-Kompetenz. However, if before the appointment of arbitrator, the need of urgent interim measures arises then obviously parties have to go to the municipal national courts but this judicial intervention is not the intent of parties as they are seeking judicial minimalism. In such situations the urgent interim measures can be granted by emergency arbitrator. The Arbitration and Conciliation Act, 1996 is silent about emergency arbitrator but Delhi and Bombay High Courts have given some pragmatic judgments, making the provision of emergency arbitrator, a reality. The real problem in emergency arbitrator is how one can grant interim relief even without being in existence i.e. when arbitrator itself is non est. ICC, SIAC and LCIA provide for emergency arbitrator. In this paper the author has tried to make an analytical and comparative overview of emergency arbitrator in Indian Perspective.

Section 44 of the English Arbitration Act 1996 and third parties to arbitration

2020 ◽  
Author(s):  
George Burn ◽  
Kevin Cheung
Keyword(s):  
Third Parties ◽  
Judicial Interpretation ◽  
National Courts ◽  
Interim Measures ◽  
Court Of Appeal

Abstract Court-ordered interim measures serve to reinforce and support tribunals’ jurisdiction and powers. Practitioners have long understood that national courts can and should apply this supportive jurisdiction against third parties to arbitration over whom most tribunals lack power. However, since 2014, English courts have held, in a series of first instance decisions, that their powers under section 44 of the English Arbitration Act 1996 are not exercisable against third parties to arbitration. Save for one of the powers under section 44, which the Court of Appeal has recently held to be applicable to third parties, this judicial interpretation that section 44 is not applicable to third parties remains in place. The authors argue that this judicial interpretation of section 44 runs contrary to its underlying purpose and the role of the courts in arbitration, and leaves a gap in a regime known for its supportive attitude vis-à-vis arbitration.

Malpractice & Negligence: State Supreme Courts Limit Therapists’ Duties to Third Parties

1999 ◽  
Vol 27 (2) ◽  
pp. 204-205
Author(s):  
Megan Cleary
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Supreme Court ◽  
New Hampshire ◽  
Third Parties ◽  
State Supreme Courts ◽  
Recovered Memories ◽  
Supreme Courts ◽  
Repressed Memory ◽  
University Of Colorado

In recent years, the law in the area of recovered memories in child sexual abuse cases has developed rapidly. See J.K. Murray, “Repression, Memory & Suggestibility: A Call for Limitations on the Admissibility of Repressed Memory Testimony in Abuse Trials,” University of Colorado Law Review, 66 (1995): 477-522, at 479. Three cases have defined the scope of liability to third parties. The cases, decided within six months of each other, all involved lawsuits by third parties against therapists, based on treatment in which the patients recovered memories of sexual abuse. The New Hampshire Supreme Court, in Hungerford v. Jones, 722 A.2d 478 (N.H. 1998), allowed such a claim to survive, while the supreme courts in Iowa, in J.A.H. v. Wadle & Associates, 589 N.W.2d 256 (Iowa 1999), and California, in Eear v. Sills, 82 Cal. Rptr. 281 (1991), rejected lawsuits brought by nonpatients for professional liability.

Managerial Accounting - an Essential Component of the Information System

2018 ◽  
Vol 9 (2) ◽  
pp. 109-114
Author(s):  
Gheorghe Andrei ◽  
Raluca Gâlmeanu ◽  
Florin Radu
Keyword(s):  
Information System ◽  
World Wide ◽  
Third Parties ◽  
Added Value ◽  
Managerial Accounting ◽  
The Past ◽  
Economic Information ◽  
Wide Scale ◽  
Traditional Costing ◽  
New Guidelines

Abstract Accounting it’s an important component of the economic information system. E. Horomnea believes that through specific means and procedures, accounting provides: clarifications of the past and the present of the economic entities, pertinent analyzes that are directed to the market; provides guidance on the strategic future; provides motivations and solutions for the decisions made. This article will analyze the evolution of managerial accounting from traditional costing to the new guidelines, when the issue of creating added value and managing third parties needs represents the future of any information system. After 1987 there are continuous changes and concerns, not only at Romanian level but at world wide scale.

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