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Om Prakash Malhotra also known as O.P. Malhotra (died 2013) was a Senior Advocate in the Supreme Court of India, and a distinguished author who brought out the treatise on the Law of Industrial Disputes and authored commentary on the Law & Practice of Arbitration and Conciliation.
An OSCE participating State – party to the Convention – has the mandate to initiate the mechanism independently and address a dispute with one or more other participating States. After the proceedings, a conciliation commission will deliver a report with suggestions and recommendations for the parties of dispute.
FAA requires that parallel state and federal claims be bifurcated when federal claims are non-arbitrable but state claims are. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614 (1985). Sherman Act claims are arbitrable, even when contract calls for arbitration before a foreign panel.
Due to the extremely slow judicial process, there has been a large emphasis on alternate dispute resolution mechanisms in India. While the Arbitration and Conciliation Act of 1996 is a fairly standard Western approach towards ADR, the Lok Adalat system constituted under the National Legal Services Authority Act, 1987 is a uniquely Indian approach.
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
The lack of enforcement of predispute agreements led to the Federal Arbitration Act of 1925, [62] [63] with New York leading with a state law enforcing predispute agreements. [61] In 1921, the American Bar Association drafted the Federal Arbitration Act based on the New York law, which was passed in 1925 with minor changes. [61]
Southland Corp. v. Keating, 465 U.S. 1 (1984), is a United States Supreme Court decision concerning arbitration.It was originally brought by 7-Eleven franchisees in California state courts, alleging breach of contract by the chain's then parent corporation.
The American Arbitration Association (AAA) is a non-profit organization focused in the field of alternative dispute resolution, providing services to individuals and organizations who wish to resolve conflicts out of court, and one of several arbitration organizations that administers arbitration proceedings.