What does Conciliation mean? Conciliation is a form of alternative dispute resolution in which a neutral third party takes a more interventionist role than a mediator, by exploring the merits, suggesting settlement options and, if invited, expressing a non-binding opinion on likely outcomes. It is typically confidential and without prejudice; any resolution is contractual and only binding once recorded in a settlement agreement. There is no single universal legal definition: “conciliation” is a descriptive term used across sectors, though specific statutory and contractual schemes define its mechanics. Across the UK and Ireland, usage is broadly consistent but context-specific. In England and Wales and...
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Interim measures are frequently required in arbitration to safeguard a party before, throughout, and, where necessary, after an award has been issued. Such orders are typically granted to ensure that any award can be enforced against relevant assets and is not rendered ineffectual. This Practice Note outlines the interim measures available under Indian law to parties to arbitration.
Note: Indian judgments referred to in this Practice Note are not reported by LexisNexis®.
Indian arbitration law is governed by the Arbitration and Conciliation Act 1996 (ACA 1996). The ACA 1996 was amended by the Arbitration and Conciliation (Amendment) Act 2015 (the 2015 Amendment), and later by the Arbitration and Conciliation (Amendment) Act 2019 (the 2019 Amendment). This Practice Note considers the legal position under the ACA 1996 following the 2015 and 2019 Amendments. The ACA 1996 is structured in four parts, including:
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...