to Constitution and is a case of civil nature. In the former case there were certain amendments made to Code of Civil Procedure, 1908 by the Amendment Acts of 1999 and 2002.The following amendments were made: (i) In Section 26(2) and Order 6 Rule 15(4) of Code of Civil Procedure, 1908 in this the affidavit
Legislative Development in Bangladesh for Alternative Dispute Resolution: Problems and Prospects It is indeed a great honour for me to have been chosen the keynote speaker for this Seminar. I am deeply grateful to the Department of Law of Daffodil International University for giving me this opportunity to share my humble little knowledge on ADR with you. I will do my utmost to portray a clear picture of ADR as it stands today in Bangladesh and also the legislative developments on the subject.
Certain other recommendations made in the LCR could have been expressly codified and included in the Amendment Act. For instance, the question of arbitrability of disputes relating to fraud. Another significant suggestion of LCR which has been ignored by the legislators is the encouragement of institutional Arbitration most importantly it does not take into consideration the fact that there is a need to actively encourage institutional arbitration across India as also the establishment of a special
Course: Principles of Human Resource Management Section: Industrial Relations Assignment: Individual Assignment Question 1 How employee can be dismissed for poor performance In today’s work environment it is important that the employees meet the competitiveness of their organisation’s market locally and globally. To have employees that are not performers (Dead Woods) can cost the company an arm and a leg. Poor performers can cost companies a lot of money, not only due to service but due to
1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case. A federal court's power to hear any case where the amount in controversy exceeds $75,000 and no plaintiff shares a state of citizenship with any defendant. See 28 U.S.C. § 1332(a). Diversity jurisdiction is one of the two main types of subject-matter jurisdiction in federal court. Definition from Nolo’s Plain-English Law Dictionary The power of the federal courts to decide
system in the Marxist-socialist economies of Russia & the republics of the former Soviet Union, Eastern Europe, China, and other Marxist-socialist states whose legal system centered on the economic, political, and social policies of the state. Arbitration A procedure used as an alternative to “litigation” in which parties in
Voluntary Arbitration as a method of Industrial Dispute Resolution - A Critical Analysis CONTENTS ❑ Introduction ❑ Provision Of Section – 10-A of I.D. Act, 1947 ❑ Reference To An Arbitrator ❑ Arbitrator: Whether a Tribunal ❑ Civil Suit Barred ❑ Arbitral Award And Its Finality ❑ Role Of Umpire ❑ Publication Of The Arbitration Agreement ❑ Jurisdiction Of Arbitrator ❑ Employers And Workmen Who Are Not Parties ❑ Prohibition To Continuance
and a brief analysis of how arbitration fits in such a framework. The following section deals with the complexities and the issues that parties have been encountering when seeking enforcement of foreign awards before UAE courts – but the same considerations apply to several other Middle Eastern countries – and that therefore have contributed to creating a general suspicion towards arbitration as a means for dispute resolution
In Australia, industrial relations system has been shaped by diverse legislative Acts and political forces coupled with judicial decisions at both the state and federal level. This evident in the sense that there have been diverse amendments of the 1904 Act in light of increased pressures in the industrial sector. This elicited mixed reactions from the employees and employers, among other stakeholders in the industry. However, due to the disadvantages and/or drawbacks of the centralized system of
The main objective of labour law as we know see today is based on the notion of securing justice for employees, founded on the assumption that an imbalance of power exists in regards to the employment relationship. As we see the increasing establishment of profit maximising enterprises expanding themselves on a global scale, those who hold managerial positions are becoming somewhat more inclined to use their new found ‘power’ in a way which houses the potential to exploit employees who are seen to