Naina Chawla

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Naina Chawla
What are the Commencement, Settlement Agreement, and Termination Procedures of Conciliation Proceedings?
Conciliation is a voluntary dispute resolution process where a neutral conciliator helps parties reach a mutual agreement. It begins with a written invitation, progresses through the appointment of conciliators, and concludes with a legally binding settlement agreement.
lex-o-pedia
Naina Chawla
What is the Place and Language of Arbitration?
The place and language of arbitration are crucial in shaping procedural fairness, efficiency, and enforceability. Governed by Sections 20 and 22 of the Arbitration and Conciliation Act, 1996, they ensure party autonomy while allowing tribunals discretion when necessary.
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Naina Chawla
What role does Natural Justice play in Arbitration Proceedings?
Natural justice plays a vital role in arbitration proceedings by ensuring fairness, impartiality, and transparency, upholding the right to a fair hearing, and preventing bias. Adherence to these principles strengthens the legitimacy and efficacy of arbitration.
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Naina Chawla
What is the procedure for the appointment of an Arbitral Tribunal?
The appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 ensures impartiality in arbitration when parties cannot agree on a selection. The Chief Justice plays a pivotal role in ensuring timely, fair, and unbiased tribunal formation.
lex-o-pedia
Naina Chawla
What is the Jurisdiction of the Arbitral Tribunal?
The jurisdiction of an arbitral tribunal is rooted in the arbitration agreement, scope of disputes, and legal framework. Governed by principles like competence-competence, tribunals can decide their jurisdiction, issue interim measures, and ensure effective arbitration.
lex-o-pedia
Naina Chawla
What is the role of a Conciliator?
A conciliator, as a neutral third party, facilitates dispute resolution through open dialogue, identifying key issues, and proposing solutions. Their role includes fostering communication, maintaining impartiality, ensuring confidentiality, and guiding parties to a voluntary settlement.
What are the Key Features of a Contract of Indemnity and a Contract of Guarantee?
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Naina Chawla
What are the Key Features of a Contract of Indemnity and a Contract of Guarantee?
A contract of indemnity involves one party promising to compensate another for losses caused by their own or a third party’s actions. In contrast, a contract of guarantee involves a third party (the surety) ensuring the debtor's obligations are fulfilled.
What are the frameworks for planning and conducting research in Research Design?
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Naina Chawla
What are the frameworks for planning and conducting research in Research Design?
Research design is the blueprint for planning and conducting studies, ensuring clear objectives, reliable methodologies, and valid data. It aids in clarifying research questions, guiding methodologies, ensuring ethical considerations, and enhancing credibility.
How can a research problem be formulated, and what steps are involved in identifying and refining research questions?
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Naina Chawla
How can a research problem be formulated, and what steps are involved in identifying and refining research questions?
Formulating a research problem involves identifying a specific issue, analyzing gaps in knowledge, and defining objectives. A good research problem is clear, researchable, significant, and feasible, serving as the foundation for systematic inquiry.
lex-o-pedia
Naina Chawla
What is Novation of Contract?
Novation, under Section 62 of the Indian Contract Act, 1872, allows the substitution of an existing contract with a new one, either by altering terms or replacing parties. It discharges the original contract, creating fresh obligations through mutual consent of all parties involved.
lex-o-pedia
Naina Chawla
What is hurt, grievous hurt, and its aggravated forms under criminal law?
The concepts of "Hurt" and "Grievous Hurt," defined under Sections 319 and 320 IPC (now Sections 114 and 116 of BNS, 2024), differ in severity. Hurt involves bodily pain or infirmity, while grievous hurt includes serious injuries like emasculation, fractures, or life endangerment.
How can the theories of punishment be critically analyzed?
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Naina Chawla
How can the theories of punishment be critically analyzed?
Punishment aims to deter crime, maintain order, and reform offenders. Theories like retributive, deterrent, preventive, reformative, and compensatory provide frameworks for justice, balancing crime and society.
What are Unlawful Agreements?
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Naina Chawla
What are Unlawful Agreements?
Unlawful agreements violate law, public policy, or morals, rendering them void under Section 23 of the Indian Contract Act, 1872. They differ from illegal agreements, which involve criminal acts.
What are the stages of crime under criminal law?
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Naina Chawla
What are the stages of crime under criminal law?
The stages of crime—intention, preparation, attempt, and commission—help determine criminal liability under Indian law, assessing the progression from thought to action for appropriate legal consequences.
The Principle of Competence-Competence & the Jurisdiction of Arbitral Tribunals
lex-o-pedia
Naina Chawla
The Principle of Competence-Competence & the Jurisdiction of Arbitral Tribunals
The Kompetenz-Kompetenz principle grants arbitral tribunals authority to determine their own jurisdiction, including challenges to the validity of the arbitration agreement, minimizing court intervention.
Arbitration Agreements (The Arbitration and Conciliation Act, 1996)
lex-o-pedia
Naina Chawla
Arbitration Agreements (The Arbitration and Conciliation Act, 1996)
An arbitration agreement is a fundamental component of arbitration proceedings, forming the basis for resolving disputes outside of court. Governed by the Arbitration and Conciliation Act, 1996, it reflects the parties’ mutual consent to submit their disputes to an impartial arbitrator. The agreemen
Salient features of the Arbitration and Conciliation Act, 1996
lex-o-pedia
Naina Chawla
Salient features of the Arbitration and Conciliation Act, 1996
The Arbitration and Conciliation Act, 1996 is a key legislative framework that governs dispute resolution through arbitration and conciliation in India. It replaced the outdated 1940 Act, aligning India’s arbitration practices with international standards, particularly the UNCITRAL Model Law. The Ac
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