The new businesses cannot afford such high fees, so it becomes difficult for them to find the appropriate attorney to handle the legal issue. But in the long term, hiring lawyers at an early stage is beneficial as it leads to cost-cutting.

When Should Businesses Hire A Lawyer?

Entrepreneurs can fill out simple IRS forms and legal requirements as they have to spend loads of money in a startup. Because why should someone not save the money when they can? They should save up the money instead of spending it on the business attorney for further resources in the future. 

Entrepreneurs should know the business’s legal analysis and understand the need to hire a lawyer before an emergency arrives. For example, in the cash contents’ insurance, should hire a lawyer before an emergency occurs.

The businesses should find out the small attorneys in the state, so later on, they will have a list to choose from in the case of a calamity.

Issues That Need Professional Guidance

There could be many problems a business owner can handle himself, but professional guidance is better.

• In writing the business plan, if the plan is not written properly, the business will not achieve the goals in the long term.
•  Choose the business’s name as extensive research is required to look at the competitors’ last names.
•  Buying the domain name for the business will help you get on top of social media. Nowadays, businesses across the globe are working online to increase engagement.
• The business has to identify its entity and an employer identification number is important, so there are complications involved in applying for the number. 
• The hiring and selection process is essential and is an extensive process. Checking into regulatory laws or any agency is important.
• The documentation process is important as it leads to increased and better performance, and so record keeping is also an important step in business management and performance.

Need For A Business Attorney

Life is complex. The complexities are sometimes shouldn’t be handled alone but should be handled by some professional. Thus the business lawyer is very important at such points. Some common problems where it is necessary to have a lawyer are

• Choose the entity of the business as a sole proprietor or limited liability etc. The lawyer must take care of the pros and cons because it will lead to poor decision-making in the future.
• To understand the equity and liability financing side, the lawyer should take care of the legal sides.
• If a business is involved in partnerships, the agreement is to be made by the lawyer, and sale purchase would be easy with agreements.

Hire A Business Attorney Process

The owner should meet different attorneys at different times and so look at the perfect fit. It is critical, however, to look at important things like specialization, etc. The business should also look at the LinkedIn pages, websites, etc. After making a potential attorney list, should perform the interviews. The attorney fees are of utmost importance as the budget is mostly low for businesses, so hourly fees, flat fees, etc., can be used.

Conclusion

Concluding all the above discussion, it is not necessary to hire an attorney. It’s better to find an attorney so during a calamity, and things don’t go south.

The post How To Hire A Business Attorney appeared first on Legal Desire Media and Insights.

The reality star of Keeping up with the Kardashians fame’s ambitions haven’t sprung out of nowhere. She has, in recent months, expressed her interest in criminal justice reform, and even brought a dash of celebrity to the case of Alice Marie Johnson, helping free the 63-year-old from a life behind bars.

“I spend a lot of time visiting prisons and some of the most enlightened people I’ve ever met, some of the smartest people, and the people that know law the best are people that are spending time in prison,” continued the 38-year-old socialite.

Kardashian ‘broke the internet’ when she confirmed she had enrolled on a legal apprenticeship with a San Francisco law firm last summer, with a view to sit the California bar exam in 2022, in May’s issue of Vogue.

Speaking on her studies further, Kardashian revealed she’s “almost done with year one” of her four-year course and has her eyes set on specialising in criminal law:

“I already know that I really want to study criminal law but you have to go through the motions of contracts and torts and civil, and everything else, but I’ve really enjoyed the process.”

The mother-of-four, who is currently visiting her homeland in Armenia, recently shared a snap on her Instagram page, which has amassed a huge 148 million following, of her dressed down in casual sweats and laden with law books — a notable change from her closet full of couture. “Focused,” is the simple caption the social media star used.

The post First year Law Student Kim Kardashian wants to set up criminal law firm filled with ex-prisoners appeared first on Legal Desire Media and Insights.

Marriage with attorney is tons safer and higher than any other. Individuals assume you’re a large deal for snagging a attorney.Attorneys are extremely intelligent people who know their profession nicely. They combatl for his or her clients, which does not make them a awful man or woman. In case you’d be worried that they might take advantage of you if a divorce have been to take place, then you already mistrust them and need to truly do not forget your courting. If you trust them, then their career should not even input the image.

Herewith are 9 reasons why one have to marry an attorney:

In-house guide

You get aid in-residence for any prison problems at some point of your every day sports and interactions with human beings. Lawyers are generally true selection makers which gives you a support gadget acting as the second mind. Ultimately they typically agree with in reducing war and settling things speedy so they’re correct at counselling and also agree for a compromise.

They’re properly knowledgeable

They’ve spent years in their lifestyles reading and feature come to rely on their mind and cleverness is inherently attractive.

They’ll make you feel comfortable

Most lawyers are innately conservative and profoundly level-headed. What they received’t do is spontaneously burst into music at 5am – which have to be a terrific component.

They’re top notch trouble solvers

Inform a legal professional what’s bothering you and that they’ll observe their Spock-like logic to finding a solution.

They’re beneficial

Inside the lengthy-time period, a lawyer makes a useful addition to the own family. As the old announcing is going: ‘once for your existence every body needs a doctor, a lawyer, a policeman and a preacher.’

They’ll hold you out of problem

If there’s one issue legal professionals are desirable at, it’s being nicely-versed inside the vagaries of the regulation. When you have felony issues, they’ll be able to assist – or at the least recognise someone else who can.

They’re amazing problem solvers

Inform a lawyer what’s bothering you and that they’ll apply their Spock-like logic to finding an answer.

You’ll never be bored.

Legal professionals constantly have lots of subjects to speak on. They have got many testimonies of court docket rooms,  interesting even though experiments of jurisprudence that we by no means cared to examine intensive at the same time as we had been in regulation faculty. They are able to communicate on topics starting from politics to literature.

Freedom

No attorney would encroach upon the liberty of his spouse.They admire the liberty of every man or woman. They acknowledge that even in a dating which has its bounds and duties, an individual is loose to behave on their will as long as it does no longer interfere with responsibilities of marital existence.

The post 9 Reasons Why One Should Marry a Lawyer appeared first on Legal Desire Media and Insights.

Arbitration may be defined as “the process by which a dispute or difference between two or more parties as to their mutual legal rights and liabilities is referred to and determined judicially with binding effect by the application of law by one or more persons instead of a court of law”.[1] The objective of arbitration is to provide fair and impartial resolution of disputes at a fast rate by minimizing the expense and at the same time, it allows freedom to the parties to agree upon the manner in which their disputes should be resolved, subject only to safeguards imposed in public interest.

In India, Arbitration as a mode of resolution of disputes came to be adopted from the medieval times when trade and commerce between traders in India and outside started growing.[2] Prior to 1996, in India, laws governing arbitration were encompassed in three enactments; The Arbitration Act, 1940 contained general provisions pertaining to arbitration; The Arbitration (Protocol and Convention) Act, 1937 and The Foreign Awards (Recognition and Enforcement) Act, 1961 dealt with the enforcement of foreign arbitration awards. This factor and the interpretational interplay between three different enactments ensured that simplicity, speed and efficiency, were never going to be there.

Post 1996, following much persuasion from the various bodies of trade, the Arbitration & Conciliation Act, 1996 was promulgated. Commendably, the Act was based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law, which was recommended by the General Assembly of the United Nations to all countries. The influence of the UNCITRAL Model Law ensured some uniformity of the Act with arbitration worldwide, which was not entirely unwelcome as the Indian economy was undergoing a sea-change following the crisis of 1991.

Today, Arbitration is a very popular mode of alternate dispute resolution in the commercial world and one can find an arbitration clause incorporated in the majority of business contracts.Parties are entitled to choose the form of arbitration, which they deem appropriate in the facts and circumstances of their dispute. This necessarily involves the consideration and evaluation of the various features of both forms of arbitration and this can be a daunting task, as both forms have their own merits and demerits.

  TYPES OF ARBITRATION[3]

Arbitration, as mentioned above, can be divided into two basic forms, Ad-Hoc Arbitration and Institutional Arbitration.

1. AD-HOC ARBITRATION

Ad-hoc arbitration refers to ‘arbitration where the parties and the arbitral tribunal will conduct the arbitration according to procedures which will either be agreed by the parties or, in default of agreement, laid down by the arbitral tribunal at the preliminary meeting once the arbitration has begun. However, there are different sets of rules available to parties who contemplate arbitration, including the rules of their own trade associations.’[4]

A peculiarity that came about was that in an arbitration consisting of three arbitrators, each party would appoint one arbitrator and the two arbitrators would jointly appoint the presiding arbitrator. By custom, the two arbitrators would only appoint a presiding arbitrator who was senior to both and prefer to appoint retired Chief Justices of India. Parties mostly prefer to appoint retired judges of the High Court or the Supreme Court, depending on, amongst other things, the quantum of the claim. Nowadays, given the huge demand for such limited senior judges, parties are often faced with a scenario where the dates between hearings could even be as long as one year, thus negating the entire concept of arbitration as a quick and efficient mechanism for dispute resolution.[5]

2. INSTITUTIONAL ARBITRATION

Institutional arbitration refers to ‘the administration of arbitration by an institution in accordance with its rules of procedure’. The institution provides appointment of arbitrators, case management services including oversight of the arbitral process, venues for holding hearings, etc. A large number of well-known and internationally recognized institutional arbitration centers such as the International Chamber of Commerce, the London Court of International Arbitration and the Permanent Court of Arbitration  have opened centers in India. Presently there are over 35 arbitral institutions in India, which are domestic, international arbitral institutions, arbitration facilities by PSUs, trade and merchant associations, and city-specific chambers of commerce and industry. Many have their own rules and some follow the arbitration rules of the UNCITRAL.

In an Institutional Arbitration, the arbitration agreement designates an arbitral institution to administer the arbitration. The parties then submit their disputes to the institution that intervenes and administers the arbitral process as provided by the rules of that institution. The institution does not arbitrate the dispute. It is the arbitral panel which arbitrates the dispute.[7]

All Arbitral Institutions do not provide the same services. Some institutions of high reputation simply offer a set of rules and guidelines, and no other arbitral services, one such illustration is the London Maritime Arbitrators Association (LMAA), etc. There are other institutions, which provide rules and a roster of qualified arbitrators but are not involved in the appointment of arbitrators; an example is the Society of Maritime Arbitrators in New York.

Certain groups of institutions supervise the whole arbitration process from the notification to the defending party of the claimant’s request for arbitration to, and including, the notification of the arbitral award to the parties. For instance, the International Court of Arbitration of The International Chamber of Commerce.[8]

CHALLENGES FACED BY INSTITUTIONAL ARBITRATION IN INDIA

It is widely accepted that India prefers Ad Hoc Arbitration over Institutional Arbitration. Though various arbitral institutions have been set up in India, especially in the last five years, ad hoc arbitration continues to be the preferred mode of arbitration. Moreover, a large number of international arbitrations involving Indian parties are seated abroad and administered by foreign arbitral institutions.[9]Challenges to Institutional Arbitration in India, examines the reasons why Institutional Arbitrationis not the preferred mode of arbitration in India, with particular focus on: (1) misconceptions regarding institutional arbitration;

(2) lack of governmental support for institutional arbitration;

(3) lack of statutory backing for institutional arbitration; and

(4) problems with delays and excessive judicial involvement in arbitration proceedings.

1. Misconceptions Regarding Institutional Arbitration – There are several misconceptions relating to institutional arbitration that exist among parties. One of these is related to costs. Parties consider Institutional Arbitration to be substantially more expensive than ad Hoc Arbitration, primarily because of the administrative fees payable to arbitral institutions.[10]

This assessment is largely misconceived because:

(a) numerous arbitral institutions charge very reasonable fees;

(b) the use of an arbitral institution helps avoid disputes over procedural matters resulting in cost savings; and

(c) the costs of an ad hoc arbitration can easily exceed the costs of an institutional arbitration in case of additional procedural hearings, adjournments, use of per-hearing fees, litigation arising from procedural infirmities in ad hoc arbitrations etc.

Parties also often believe that institutional arbitration is inflexible because arbitral institutions follow rules that take away exclusive autonomy of the parties over arbitration proceedings. However, most arbitral institutions that exist in the international scenario have made an attempt to balance institutionalisation with party autonomy, they only keep those issues which deal with the legality and integrity of proceedings out of the purview of party autonomy.

These misconceptions could be due to a general lack of awareness regarding institutional arbitration and its advantages. This could also be due to the lack of initiative on the part of arbitral institutions to promote their work and facilities as well as on the part of lawyers to properly advise parties about the advantages of institutional arbitration. Even when there is awareness on the existence of institutional arbitration as an option, there is often the misconception that this option is only available to bigger businesses and/or high value disputes.

2. Governmental Support For Institutional Arbitration – One of the reasons for a weak Institutional Arbitration framework in India is the lack of sufficient governmental support for the same over the years. While the government is the most prolific litigant in India, it can do more in this capacity to encourage institutional arbitration. The general conditions of contract used by the government and public sector undertakings often contain arbitration clauses, but these clauses usually do not expressly provide for institutional arbitration.

Further, the government policy on arbitration requires a relook if institutional arbitration is to become the norm, particularly for disputes valued at large amounts. For instance, if the government, being the biggest litigant, were to adopt institutional arbitration as regular practice, the sheer volume of cases moving to arbitral institutions would provide a powerful impetus to Institutional Arbitration.

There have recently been discussions and initiatives on the part of some state governments as well to promote Institutional Arbitration, citing that it would be more organised and cost-effective.[11] One of the recommendations made by the Law Commission of India[12] was that trade and commerce bodies must establish chambers with their own rules. However, effectively, the government has so far focussed its attention on arbitration in general. To encourage Institutional Arbitration, special action aimed at the development of arbitral institutions is required.

3. Lack Of Statutory Backing For Institutional Arbitration – The Act has been arbitration-agnostic, with no provisions specifically geared towards promoting institutional arbitration. This is in contrast with jurisdictions like Singapore, where the Singapore International Arbitration Centre (“SIAC”) is the default appointing authority for arbitrators under the International Arbitration Act, 1994 (“IAA”) which governs international arbitrations.

In fact, one of the provisions of the Act, Section 29A which was inserted by the 2015 Amendments, is perceived to have made arbitral institutions wary of arbitrations in India. Section 29A provides for strict timelines for completion of arbitration proceedings. This has been criticised as unduly restrictive of arbitral institutions which provide for timelines for different stages of the arbitration proceedings.[13] The merits of such a view require examination in light of the endemic problem of delays plaguing arbitration in India.

4. Problems With Delays And Excessive Judicial Involvement In Arbitration – Delays in Indian courts and excessive judicial involvement in arbitration proceedings have resulted in India not being favoured as a seat for arbitration, and consequently stunted the growth of international arbitration (including institutional arbitration) in India. Parties often delay arbitration proceedings by initiating court proceedings before or during arbitration proceedings, or at the enforcement stage of the arbitral award. The high pendency of litigation before Indian courts means that arbitration-related court proceedings take a long time to be disposed of. The Commercial Courts Act sought to remedy this situation by setting up commercial courts at the district level or commercial divisions in high courts having ordinary original civil jurisdiction. These commercial courts / divisions hear arbitration matters involving commercial disputes, amongst other commercial matters.

However, an examination of the recent roster of the Bombay High Court, for example, indicates that commercial division judges often hear matters other than commercial matters, such as family law matters, juvenile justice-related matters etc.[14] If commercial division judges are tasked with hearing matters other than commercial matters, it would detract from the legislative intent of speedy disposal of commercial matters, including arbitration matters. Additionally, we noted that the rotation policy of these High Courts was also applicable to commercial division judges. An excessively frequent rotation might hinder the creation of specialist arbitration judges who are well-versed in arbitration law and practice. Indian courts’ tendency to frequently interfere in arbitration proceedings have also contributed to India’s reputation as an ‘arbitration-unfriendly’ jurisdiction.

It is a well-known fact that courts in India are generally interventionist when it comes to regulating arbitration proceedings, whether it is at an initial stage of arbitration proceedings (such as the appointment of arbitrators, referral of disputes to arbitration or grant of interim relief) or at the enforcement stage.[15] They have, despite good intentions and justifications, often misjudged the course to take, doing justice in the case at hand but laying down questionable precedent for the future.[16] Further, inconsistent judicial precedent on several crucial issues[17] has contributed to uncertainty regarding the law, with severe consequences for India’s reputation as a seat of arbitration.

In addition to the above-mentioned negatives of Institutional arbitration, following are the challenges of the institutional arbitration in India.[18]

1. Issues relating to administration and management of arbitral institutions.
2. Perceptions regarding arbitrators and expertise issues relating to resources and government support, lack of initial capital, poor and inadequate infrastructure, lack of properly trained administrative staff, lack of qualified arbitrators, etc.
3. Issues in developing India as an international arbitration seat.

HIGH-LEVEL COMMITTEE (HLC) TO REVIEW THE INSTITUTIONALISATION OF ARBITRATION MECHANISM IN INDIA

To address the challenges and shortcoming of the Institutional arbitration, a High-Level Committee (HLC) to Review the Institutionalisation of Arbitration Mechanism in India under Mr Justice B N Srikrishna was constituted in 2016. The committee submitted its report on 3 August, 2017.[19] In relation to institutional arbitration landscape in India the committee had put forward following views:[20]

1. Set up an autonomous body, styled the Arbitration Promotion Council of India (APCI), having representatives from all stakeholders for grading arbitral institutions in India.
2. The APCI may
   • recognize professional institutes providing for accreditation of arbitrators.
   • hold training workshops and interact with law firms and law schools to train advocates with interest in arbitration.
   • create a specialist arbitration bar comprising of advocates dedicated to the field.
   • A good arbitration bar could help in the speedy and efficient conduct of arbitral proceedings.

• Creation of a specialist Arbitration Bench to deal with such commercial disputes, in the domain of the Courts.[21]

1. Changes suggested in various provisions of the 2015 Amendments of the Arbitration and Conciliation Actwith a view to making arbitration speedier and more efficacious and incorporate international best practices (immunity to arbitrators, confidentiality of arbitral proceedings, etc.).
2. The Committee is also of the opinion that the National Litigation Policy (NLP) must promote arbitration in government contracts.
3. Government’s role – The Central Government and various state governments may stipulate in arbitration clauses/agreements in government contractsthat only arbitrators accredited by any such recognised professional institute may be appointed as arbitrators under such arbitration clauses/agreements.

WORKING AND PERFORMANCE OF THE INTERNATIONAL CENTRE FOR ALTERNATIVE DISPUTE RESOLUTION (ICADR)[22]

• International Centre for Alternative Dispute Resolution (ICADR) was established in 1995for thepromotion and development of Alternative Dispute Resolution (ADR) facilities and techniques to facilitate early resolution of disputes and to reduce the increasing burden of arrears in Courts.
• The committee recommendeddeclaring the ICADR as an Institution of national importance and takeover of the institution by a statute as revamped ICADR has the potential be a globally competitive institution.

The reasons for choosing ICADR as the arbitral institution to be developed are:[23]

1. It was set up in 1995 (under the aegis of the Ministry of Law and Justice) with the object of promoting ADR in India.
2. It has received substantial funding by way of grants and other benefits from the Government.
3. It has some benefits like an excellent location (Headquarters at New Delhi and Regional Centres at Hyderabad and Bangalore), good infrastructure and facilities which make it ideal for development as an arbitral institution.

BILATERAL INVESTMENT TREATY (BIT) ARBITRATIONS INVOLVING THE UNION OF INDIA[24]

India presently involved in 20, odd BIT disputes. The committee recommendations on Bilateral Investment Treaty Arbitrations are:

1. Create an Inter-Ministerial Committee (IMC) constituting officials from Ministries of finance, external affairs and law.
2. Hire external lawyers having expertise in BIT.
3. Designated fund to fight BIT claims.
4. Appoint counsels having BIT expertise.
5. Boosting capacity of central and state governments to better understand the implications of their policy decisions on India’s BIT obligation.
6. Create a post of international law adviser – responsible for day-to-day management of BIT arbitration.
7. Consider the possibility of establishing a BIT appellate mechanism and a multilateral investment court.
8. Investor- state dispute settlement mechanism as given in article 15 of the Indian model BIT is an effective mechanism.

COMPARATIVE ANALYSIS OF INDIAN ARBITRATION INSTITUTIONS AND OTHER

SUCCESSFUL ARBITRATION INSTITUTIONS ACROSS THE GLOBE

Institutional Arbitration in a nation flourishes only when its arbitral institutions fulfill the basic requirements to successfully and effectively carry out an arbitration process. These requirements include:

1. Degree of Permanency – Disputes frequently arise many years after the making of the original commercial agreement, particularly in long term contracts. It is important that the institutions named in the arbitration clause should still be in existence when the dispute arises, otherwise, the arbitration agreement may prove to be “inoperative or incapable of being performed”, in the words of New York Convention, and the only recourse will be to the national court.

It is easier to have confidence if the institution or the centre that is chosen has an established track record or, if it is a recent creation, has some reasonable guarantee of permanency. The International Chamber Commerce and London Court of International Arbitration established in 1923 and 1892 respectively have a track record of successful arbitrations over the course of their prolonged existence.

The Indian Council Arbitration was established in 1965. At the beginning of the year 2010, 574 arbitration cases were pending with the Council at different stages of arbitration proceedings but by the end of that year, 579 arbitration cases were under process including 20 arbitration matters which have been pending in courts pursuant to litigation between the parties.Thus, though not as successful as the ICC or the LCIA, the ICA has shown reasonable guarantee of permanency.

     2.      Modern Rules of Arbitration – The practice of International Commercial Arbitration changes as new laws and procedures come into existence, both nationally and internationally. It important that the rules of arbitral institutions should be altered to reflect these changes  and not rest in some comfortable time wrap. The ICA rules are in accordance with the IACA, 1996. For instance, the appointment of sole arbitrator or three arbitrators in the arbitral tribunal is in harmony with section 10(1) of the IACA, 1996.

    3.      Qualified Staff – One of the main objects of an arbitral institution is to assist arbitrators and the parties in the conduct of arbitration. This assistance may extend not only to explaining the rules, making sure that the time limits are observed, collecting fees, arranging visas and reserving accommodations, but also to advising on appropriate procedures by reference to past experience. It is a task that requires a combination of qualities, tact and diplomacy as well as legal knowledge and experience.

It is an area in which ICC sets the standard, with each arbitration being under the supervision of a designated “Counsel”, drawn from the ICC’ staff of experienced and multi-lingual lawyers. Though, the ICA does not has such a designated counsel to supervise arbitration, it does boats a panel of around 1500 arbitrators with an extensive array of professional qualifications and expertise (legal and non- legal), guaranteeing a tribunal of the highest aptitude and proficiency.  The ICA has access to the most eminent and experienced arbitrators and with the widest range of expertise from India, U.K., Singapore, France, USA, Malaysia, Germany and Belgium.

     4.     Reasonable Charges – The process of Arbitration is deemed efficacious if along with being expeditious and just, it is cost effective as well. Some arbitral institutions including the International Chamber of Commerce and the Indian Council of Arbitration assess their own administrative fees and expenses, and the fees payable to the arbitrator, by reference to a sliding scale which is based on the amounts in dispute. This has the advantage of certainty, in that the parties can find out at a reasonably early stage what the total cost of arbitration is likely to be. Other institutions, such as the LCIA, assess their administrative costs and expenses, and the fees of the arbitrator, by reference to the time spent on the case.

CONCLUSION

The Arbitration Conciliation Act, 2015  has made an attempt to come to rescue in this regard by fixing fees and timeline for arbitration but the thorn in the flower is that courts are again to intervene to investigate as to who is to be blamed for the delay in meeting the timeline. Further, the High Courts have been provided the power to make rules for fees and the manner of payment which again would lead to lack of uniformity as each High Court of different states across India would have their own rules. Therefore, one needs to promote Institutional Arbitration in India.

It is universally acknowledged that, the quality of arbitration proceeding depends on the quality and skill of the arbitrators chosen and the Courts may not have the expertise in appointment of arbitrators who would be expert qua the subject matter in dispute. Moreover, in International Commercial Arbitrations, a national court judge understandably will have limited experience, expertise and resources for selecting suitable international arbitrators; particularly if practitioners form other countries must be selected. While having an arbitral institution making an appointment would be more beneficial as then they would be specifically organized to perform the function of selecting international arbitrators because of their day-to-day involvement in international arbitration and access to a pool of highly qualified arbitrators.

Also, Institutional Arbitration should be promoted where arbitration is carried out on a day to day basis say for instance 10 am – 4 pm so that there is no backlog of cases or delay in concluding the arbitration proceedings. Fees issue would also be taken care of by Institutional Arbitration as such Institutions have a fix fee schedule which will negate space for ambiguity

Further, steps can be taken to make the order passed by the Arbitrator under Institutional Arbitration open to appeal or review only by a President/Registrar(Head) of the Institution so as to negate parties taking the court route and the decision of the abovementioned authority can be made final and binding upon the parties and also the parties shall be taken to have waived any right to appeal or review in respect of any decision of the abovementioned authority to any state court or other judicial authority. Besides, Court intervention in arbitration proceeding could be allowed only when arbitration agreement specifically provides for it.

We should make Institutional Arbitration an attractive hub for foreign parties and investors, certain things are to be kept in mind like a forum is attractive as a seat only if it has a judiciary that is supportive of arbitration. Further, the Institutions conducting Arbitrations in India should be provided ample resources and opportunities to participate in important international arbitration conferences and to host one to two major international arbitration conferences at least in a year so that it would invite worldwide participation/attention and exposure that can enhance the international image of Institutional Arbitrations in India and attract foreign parties to arbitrate in India.

Thus, Institutional Arbitrations should be given a green flag with patient expectations about its results rather than taking any hasty decisions because one thing is trustworthy that if countries like Singapore and Hong Kong can become Arbitration hubs on the strength of Institutional Arbitrations, so can India. India is on the track of establishing confidence in its legal system which is the fundamental condition for any country to become an international arbitration venue.

END NOTES :

[1] Butterworths, HALSBURY’S LAW OF ENGLAND (4th edition, 1991) 601

[2] Alternate Dispute Resolution, 13 (P.C. Rao & William Sheffield eds., Universal Law Publishing co. Pvt. Ltd.).

[3] Gerald Aksen, Ad hoc Verses Institutional Arbitration, 2(1) ICC Bulletin (1991): 8-14.

[4] Instances of such association are Grain and Feedstock Trade Association (GAFTA) and London Maritime Arbitrators Association (LMAA).

[5] Krishna Sarma et al., ‘Development and Practice of Arbitration in India –Has it Evolved as an Effective Legal Institution ‘, Working Paper 103, of the Center on Democracy, Development, and The Rule of Law Freeman Spogli Institute for International Studies (2009), available at https://cddrl.fsi.stanford.edu/sites/default/files/No_103_Sarma_India_Arbitration_India_509.pdf

[6] Sundra Rajoo, ‘Institutional and Ad hoc Arbitrations: Advantages and Disadvantages’, The Law Review (2010), available at http://sundrarajoo.com/wp-content/uploads/2016/01/Institutional-and-Ad-hoc-Arbitrations-Advantages-Disadvantages-by-Sundra-Rajoo.pdf (

[7] Alan Redfern and Martin Hunter, Law and Practice of International Commercial Arbitration, 47(4th ed., 2004) ¶¶ 1-99.

[8] G.K. Kwatra, Arbitration and Alternative Dispute Resolution, 59 (Universal Law publishing co., 2008).

[9] Statistics show that 91 of the 271 cases administered by the Singapore International Arbitration Centre (SIAC) last year involved Indian parties, which amounts to twice as many as the Chinese users, who filed the second-highest number of cases. See Sathyapalan and Sivaraman, ‘A Lot Still Needs to Be Done For India to Fulfil Its International Arbitration Ambitions’, The Wire (Online) on 02.11.2016, available at https://thewire.in/77002/international-arbitration-india/ (accessed on 26.02.2017)

[10] See Gary Born, ‘International Arbitration: Law and Practice’, 2012 Ed. p. 13. See also ‘The pros and cons of arbitration’, A Lexis PSL document produced in partnership with Mayer Brown International LLP, available at https://m.mayerbrown.com/Files/News/04165fd5-5165-41ea-bb6f19d9235c171d/Presentation/NewsAttachment/7e531e5e-4040-4251-b1a8- 1d4b6168c99b/Practice%20Note_Duncan_Pros-Cons-Arbitration_oct12.pdf (accessed on 02.03.2017)

[11] ‘Maharashtra readies arbitration policy’, Business Standard (online), 15th October 2016, available at http://www.business-standard.com/article/economy-policy/maharashtra-readies-arbitration-policy116101400574_1.html (accessed on 17.02.2016).

[12] 246th Report of the Law Commission of India (August, 2014), ‘Amendments to the Arbitration and Conciliation Act 1996’, available at http://lawcommissionofindia.nic.in/reports/Report246.pdf (accessed on 02.03.2017).

[13] Special Address by Justice A.P. Shah at the Nani Palkhivala Arbitration Centre 9th Annual International Conference on Arbitration on Current Issues in Domestic and International Arbitration, 18.02.2017.

[14] Sitting List with effect from 15 November 2016 of the Bombay High Court (Original Side), available at http://bombayhighcourt.nic.in/sittinglist/PDF/sitlistbomos20161027181818.pdf (accessed on 02.03.2017); Sitting List with effect from 4 January 2017 of the Bombay High Court (Original Side), available at http://bombayhighcourt.nic.in/sittinglist/PDF/sitlistbomos20161222191515.pdf (accessed on 02.03.2017)

[15] Bibek Debroy and Suparna Jain, ‘Strengthening Arbitration and its Enforcement in India – Resolve in India’, Research Paper of the Niti Ayog (2016), p.15, available at http://niti.gov.in/writereaddata/files/document_publication/Arbitration.pdf (accessed on 02.03.2017). See also Ghani, Moin, ‘Court Assistance, Interim Measures, and Public Policy: India’s Perspective on International Commercial Arbitration’, The Arbitration Brief 2, no. 1: 16-29 (2012). Available at http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1026&context=ab (accessed on 03.02.2017); Promod Nair, ‘Ringfencing Arbitration from Judicial Interference: Proposed Changes to the Arbitration and Conciliation Act’, The Practical Lawyer (2010).

[16] See decisions in Bhatia International v. Bulk Trading S.A., (2002) 4 SCC 105, Venture Global Engineering v. Satyam Computer Services, (2008) 4 SCC 190.

[17] For instance, there are conflicting decisions by two High Courts on whether two Indian parties can have a foreign seat of arbitration. See Addhar Mercantile Private Limited v. Shree Jagdamba Agrico Exports Pvt Ltd., Arbitration Application No. 197 of 2014 and Arbitration Petition No. 910 of 2013 (Bombay High Court) and Sasan Power Limited v. North American Coal Corporation India Pvt. Ltd., First Appeal No. 310 of 2015 (Madhya Pradesh High Court).

[18] http://www.clearias.com/arbitration-in-india/

[19] http://pib.nic.in/newsite/PrintRelease.aspx?relid=155959

[20] http://www.jagranjosh.com/current-affairs/committee-to-review-institutionalisation-of-arbitration-mechanism-in-india-constituted-1483098105-1

[21] https://www.indianbarassociation.org/what-india-needs-to-do-to-make-institutional-arbitration-success-in-india/

[22] http://legalaffairs.gov.in/sites/default/files/Report-HLC.pdf

[24] http://pib.nic.in/newsite/PrintRelease.aspx?relid=169621

Author : Charu Shahi, Ph.D Scholar, Amity University.

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MURDER ONE (1995-1997)

SHARK (2006-2008)

JUDGING AMY (1999-2005)

NIGHT COURT (1984-1992)

DAMAGES (2007)

THE PRACTICE (1997-2004)

THE DEFENDERS (1961-1965)

L.A. LAW (1986-1994)

SUITS (2011)

Suits is an American legal drama television series filmed in Toronto, Canada, created and written by Aaron Korsh. The series premiered on June 23, 2011, on the cable network USA, and is produced by Universal Cable. Suits is set at a fictional law firm in New York City. The focal point of the show follows talented college dropout Mike Ross (Patrick J. Adams), who initially works as a law associate for Harvey Specter (Gabriel Macht), despite never actually having attended law school. The show focuses on Harvey and Mike managing to close cases while maintaining Mike’s secret.

Suits has been nominated for several awards since 2012, with Gina Torres and Patrick J. Adams receiving individual praise for their roles as Jessica Pearson and Mike Ross, respectively. On top of two nominations recognizing her role as a supporting actress, Torres was awarded Outstanding Performance in a Television Series at the 2013 NHMC Impact Awards. Adams was nominated for Outstanding Performance by a Male Actor in a Drama Series at the 2012 Screen Actors Guild Awards, and the show itself has been nominated for two People’s Choice Awards.

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12 Angry Men

• The movie got released in 1957 and story focuses on a jury’s discussion in a murder case Directed by Sidney Lumet and produced by Henry Fonda & Reginald Rose.
• The story is about deciding a young man whether he is guilty or innocent for murdering his father.
• The case in the movie being an open and shut of murder slowly transforms into a detective story providing lot of clues and doubts about the accused and as well as others.

The paradine case

• The movie directed by Alfred Hitchcock and produced by David O. Selznick in 1947.
• The story depicts a woman poisoning her husband who is blind and a military person.
• The lady claims for her innocence and hires three guys as her defense team.
• The Judge and his wife represent the popular and legal views about the case.

Anatomy of a murder

• The movie was directed and produced by Otto Preminger in 1959.
• The story is about a small town lawyer being lost in election feeling betrayed by his community gets a huge case.
• The case is about an army Lieutenant murders a man who raped his wife.

Inherit the wind

• The movie was directed by Stanley Kramer and written by Jerome Lawrence and Robert Edwin Lee in 1960
• The moviemoves around the issue of evolution vs. creationism of 24 year-old High School mathematics teacher and sports coach.
• The title of the file was taken from the Biblical book.

Judgment at Nuremberg

• The movie was written by Abby Mann and Directed by Stanley Kramer in the year 1961.
• The story is about Nazi sterilization and cleansing policies conducted by four judges at their office
• The question is that it is a right thing to say no more trials as Germany as other Allies governments wants to forget the past need to be judged here.

To Kill a mockingbird

• The movie is a novel written by Harper Lee in 1960.
• The story plays around a woman who is a lawyer and has two children and she is against a black man who tried to accuse a white woman.

In Cold Blood

• The movie is based on book written by Truman Capote in 1968.
• The story is about how two persons plan to rob the wealthy family and it ended with murder of entire family.
• Finally the circumstance they face due to the murder being the main point.

Kramer vs Kramer

• In 1979, this movie directed by Robert Benton and production is Columbia pictures.
• The story runs around a man who got separated from wife wants to take care of his child.
• The separated women want her son back claiming for the custody of her son the ensuing court battle.

The Verdict

• In 1982, the movie Verdict was directed by Sidney Lumet and story by David Mamet.
• The story runs about a Lawyer who takes up a medical malpractice case to salvage his self-respect and his career.

Jagged Edge

• Movie directed by Richard Marquand and screenplay by Joe Eszterhas in 1985.
• Story is about a publisher who accused for murdering his wife for money. Till end of the story the gesture will go on finding out whether murderer is cunning or innocent.

The Accused

• The director of the movie is Jonathan Kaplan and screenplay by Tom Topor in 1988.
• The story is about a woman raped by three men in a bar after a fight with her boyfriend. The final judgment will be sentenced based on the true events happened that night.

Hope you liked it, If you are fond of Bollywood movie then read our list on Top Bollywood Movies on Law Click Here

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Law schools can be criticised for not designing their course structure in such a manner that has the capacity to produce so-called practice-ready graduates. These schools are famous for teaching students “how to think”. But they do not put emphasis on real-life practical challenges outside the law school like actually teaching them what lawyers do, eg, to find clients, run conflict check, service those clients operating billing system, track time, negotiate, obtain financing, hire and train personnel, make payrolls etc.

No doubt that the legal education system has been amended with more law schools offering skills-based educational opportunities such as legal societies, legal clinics, legal writing programs, moot courts. But still, before they are ready to be a well-functioning lawyer there is a need for them to undergo plenty of on the job training in order to compete and excel.

It’s an initiation that is not without its discomforts, both for the fresh law graduates and for his superiors who get to dedicate plenty of hours helping someone figure how to do legal work and run a law practice.

Any law firm hiring fresh graduates who are just a month away from taking the bar exam, tends to know what he is getting for bargain and that is a tractile novice who can be molded in whichever way the firm or lawyer wants that is a fresher can be trained and taught the job the way particular law firm sees fit. And this is a process which is benefiting the both side as a law firm gets the relatively inexpensive labor to be performed by someone grateful and the other party that is fresher learns the whole setup. As on the hiring part, you know what they don’t know. So those first-year associates have a clean slate you can write all over. And the hiring company knows they can’t rely on these freshers and have to invest a number of hours to write on their tabula rasa because these newly minted lawyers can’t work that efficiently and effectively, no matter how happy they are to be the part of a law firm.

Long-out-of-law-school candidates who never practiced law may present a bit more of a tight corner. The question is, of course, what have they been doing and why haven’t they been practicing law?

There are many fresh law graduates who go for alternative legal careers like working in regulatory affairs of government or any government organization or some related industry such as legal publishing, writers, law teachers etc or if in any law firm they might work in non-lawyer capacities such as paralegal or marketing or IT department. And there are many cases where freshers have graduated from average law schools with average grades or marks and they have opted for something which is totally unrelated to what they have studied and trained for years in law school. Or they have opted for their passion or some startup . or maybe they have been waiting for an opportunity or maybe failing the bar exam one after another or maybe preparing for other competitive exams.

Is it worth law firms to consider such candidate? Why bother to consider hiring someone who has never practiced law?

Because you never know, you must be getting any hidden gem, who might be grateful for the opportunity and loyal to the firm, which nowadays seen less. Because instead of being loyal to any particular firm people prioritize the salary part. Such candidate might have the better interpersonal skills that far exceed the regular peer who has been practicing all this time., strengths you were not anticipating. Because you may be getting someone who knows how to hustle for business and get the maximum out of any task.

It is evident that any law firm which is considering any passel of prospective hire will opt for someone who is profitable in terms of bringing in services, in dealing with clients.  Every law firm is going to talk and inquire into depth with the bound of legal constrictions, like while interviewing any non-traditional candidate they can ask why they want to practice law, the strength and the skills they have, how much amount of supervision will they need etc, they can grill them about their interpersonal skills like till what extent they can hustle, about their go get it attitude, teamwork, and leadership.

There is always a chance to get the best and totally unexpected out of some law graduate who has pursued a less conventional career trajectory may be more than worth the effort that will be necessary to train him.

There are sufficient amount of people who have been working in law firms are always looking for a change. No matter who the candidate is and what their experiences are, they are always looking for a new job or some change because they want different opportunity than they currently have.

Law graduates who have spent a number of years doing non-traditional work or something other than law field might be the strong candidates for any law firm. Because pursuing the other interest for a period of time takes a lot of dedication and hard work and courage to do something out of the box. And as I said everyone looking for some change, if they what to pursue the mainstream career in law they might be the best fit for the job as Law practice requires creativity, compelling and authoritative speaking skills, managerial duties, which they have learned while doing non-traditional work.

To experiment the new ideas law firm can hire the candidate for a while on a freelance basis, and overflow work can be assigned to them and they can test for themselves whether the candidate is eligible to be hired and have the experience, knowledge, and skills that the firm actually needs.

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1. Kanoon

BR Chopra, a renowned film director directed this movie in 1960 with court room drama and suspense. The film presents a case against capital punishment, arguing that witnesses may be genuinely deceived, and their consequent unintentionally tendered false testimony may lead someone wrongly to the scaffolds.

2. Lakhon Ki Baat

In 1984, Basu Chatterjee, unfolded the heinous agenda behind the mind of debauches advocates who sees all opportunity as money making opportunity, but couldn’t  sustain the scaffolds as truth takes the front desk.

3. Mohan Joshi Hazir Ho

In 1984 only, Saeed Akhtar Mirza directed an art film which was a satirical movie on the poor judicial system. The film talks about cases which are being stretched in the court room for decades and plaintiffs lose all hope and money. Meanwhile, the corrupt run free, thanks to their corrupt lawyers.

4. Damini- Lightening

Rajkumar Santoshi in the year 1993 brought the story of a woman fighting for justice in the man- ruled world. The film is being considered to be the best women centric movie to be made at those times.

5. Shaurya

In 2008 Samar Khan written and directed the movie Shaurya. It had two more story writer Jaydeep Sarkar and Aparna Menon. The story has been set against the backdrop of Kashmir conflicts. The movie revolves around a case of court martial against a Muslim officer Javad Khan for shooting his commanding officer and the lead actor plays the role of Javed Khan Advocate.

6. Jolly LLB 1 & 2

Jolly LLB 1: Released in 2013, the story has been written and directed by Subash Kapoor. The story is inspired on the real accident of 1999 where Sanjeev Nanda is charged with hit and run case, and small reference is given to Priyadarshni Mattoo case. The story focuses on the fight of 6 innocent wage earners and their rights, and on the way to earn justice the monopoly of behavior of the rich and judicial corruption.

Jolly LLB 2:  Jolly LLB 2, starring Akshay Kumar and Huma Qureshi, tells the story of a small-time lawyer who is faced with a pivotal case in his career. Check out some pictures and trivia from the movie.

7. Shahid

In 2013, directed Hansal Mehta, based his story on the life of a lawyer Shahid Azmi, who was a human right activist as well. He was assassinated in 2010 in Mumbai.

8. Aitraaz

Aitraaz was an Indian Hindi romantic thriller movie which tells a story of a man accused of sexual harassment by his female superior. The movie has been directed by Abbas- Mustan and produced by Subash Ghai.

9. Awara

1951, it has been era of Mr. Raj Kapoor, an exceptional and phenomenal actor as well as director. He portrayed the court proceeding in a realistic and simple manner which is bound to be credited.

10. Baat Ek Raat Ki

A mystery story with courtroom drama of a lawyer defending the guilty and rightly investigating the case to find the actual mastermind of the murder plot..  Released in 1962 and directed by Shankar Mukherjee.

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by

G.S.SIMHANJANA

INTERPRETATION

            Salmond defines “interpretation” as “a process by which the Court seeks the meaning of Legislature through the medium of authoritative forms in which it expresses”. The purpose of interpretation is always to find out what the statute stands for, what is the defect it intends to remove and what is the remedy it seeks to advance[1]. Judges are not at liberty to add or take from or modify the letter of the law, simply because they have reason to believe that the true sententia legis[2] is not completely or correctly expressed by the law[3]. The duty of the Court is to discover and act upon the true intention of the legislature.

            The Supreme Court in Institute of Chartered Accountants of India vs. M/s. Price Waterhouse[4], while lamenting the scant attention paid by draftsman to the language of statutes, referred to the British jingle “I am the Parliamentary draftsman. I compose the country’s laws. And of half of the litigation, I am undoubtedly the cause”. Reference was also made to Kirby vs. Leather[5], where the Court observed that the provision of the (UK) Limitation Act, 1939 was so obscure “that the draftsman must have been of unsound mind”. Construction of statutes and interpretation of laws should obviously cover all areas affecting the rights of the citizens.

            The art of judicial interpretation, according to Krishna Iyer, J., Supreme Court, is imbued with creativity and realism …. Legal Darwinism adapting the rule of law to new societal developments, so as to survive and serve the social order, is necessary[6]

RULES OF INTERPRETATION

            Elaborate rules of interpretation were evolved even at a very early stage of Hindu civilization and culture. The rules given by ‘Jaimini’, the author of Mimamsat Sutras, originally meant for srutis were employed for the interpretation of smritis also[7].

            In common law jurisdictions, the judiciary may apply rules of statutory interpretation and use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history and purpose, both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations.

            Over time, various methods of statutory construction have fallen in and out of favor. Two such rules of interpretation are the Literal rule and the Mischief rule.

LITERAL RULE

            Literal Rule or Plain Meaning Rule is acclaimed as the safest guide to legislative intent, as the legislature is not to be supposed to use words in a statute, in vain. A Court of law is bound to proceed upon the assumption that the legislature is an ideal person that does not make mistake[8].

            The Courts are warned not to assume ambiguity where there is none[9]. Ambiguity can be inferred if the word or phrase in a  statute is capable of more than one meaning in that particular context[10]. A consequence that follows from the doctrine of literal constructions is that, effect must be given, if possible, to every word, clause and sentence of a statute[11].

            The function of the Court is “not to scan the wisdom and policy, where the language of a statute is clear, and it is the duty of the Court to give full effect to the same[12].

            It is the duty of the Court to interpret the language actually employed and to determine the intention of the legislature from such language and where there is no ambiguity about the language actually employed, neither the recommendation if the Law Commission, nor the aims and objects set out in the Statement of Objects and Reasons can be brought in aid or can be allowed to influence the natural grammatical meaning of the statute as enacted by the Parliament[13].

            The length and detail of modern legislation has undoubtedly reinforced the claim of literal construction as the safe rule[14]. It is always advisable to find out the intention from the plain meaning as conveyed by the words as used in the Statute.

MISCHIEF RULE

            The mischief rule, “the most firmly established rule for construing an obscure enactment”[15] is another rule of statutory interpretation traditionally applied by English courts.  The rule was first laid out in a 16th-century ruling of the Barons of the Exchequer Court in Heydon’s case[16] which have been continually cited with approval and acted upon[17].

            The main aim of the rule is to determine the “mischief and defect” that the statute in question has set out to remedy, and what ruling would effectively implement this remedy. In applying the Mischief Rule, the court is essentially asking what part of the law, did the law not cover, but was meant to be rectified by the parliament in passing the bill. The intention of this rule is to make such an interpretation as shall suppress that mischief and advance the remedy.

            The rules as laid down in the Heydon’s case^[18] are that, for the sure and true interpretation of all statutes, be they penal or beneficial or restrictive or enlarging the common law, four things are to be discerned and considered :

1. what was the common law before the making of the Act ?
2. what was the mischief and defenct for which the common law did not provide ?

• what remedy, the Parliament hath resolved and appointed to cure the disease ?

1. the true reason of the remedy.

The scope of the rule in Heydon’s case was explained in Prashar v. Vasantsen Dwarkadas[19]:- ” In construing an enactment and determining its true scope, it is permissible to have regard to all such factors as can be legitimately be taken into account to ascertain the intention of the legislature such as history of the Act, the reasons which led to its being passed, the mischief which had to be cured as well as the cure as also the other provisions of the Statute. That is the rule in Heydon’s case which was accepted in R.M.D.Chamarbaughwalla v. Union of India.[20]“

            In the Bengal Immunity case[21], the mischief rule was applied to the construction of Article 286 of the Constitution of India, observing that it was to cure the mischief of multiple taxation and to preserve the free flow of the inter-State trade or commerce in the Union of India regarded as one economic unit without any provincial barrier that the Constitution makers adopted Article 286 in the Constitution.

            Mischief Rule is not applicable when words are capable of one meaning only. The recourse to the policy and object of the Act or consideration of the mischief and defect which the Act purports to remedy is only permissible when the language is capable of two interpretations.

CONCLUSION

            Interpretation or construction is a technique of judicial process by which the intention of the legislature is to be determined. But in determining the intention, primarily, the language used in the statute has to be taken into consideration. If the words of a statute are themselves precise and unambiguous, then no more can be necessary than to expound those words in their ordinary and natural sense.

[1] Seventilal Maneklal Seth v. Commr. Of Income Tax(Central) Bombay, (1968) 2 SCJ 129.

[2] Sense; import; as distinguished from mere words, Black’s Law Dictionary

[3] Moss v. Charnock, 1802) 2 East 399.

[4] A.I.R. 1998 S.C. 90

[5] (1965) 2 All ER 441

[6] D.R.Venkatachalam v. Dy. Transport Officer,  AIR1977 SC 842 (847)

[7] Law Commission of India, 60th Report, Chapter 2, para 2.2

[8] Thakur Madho Singh v. Lieut.Kames, R.R.Skinner, AIR 1942 Lahore 243.

[9] Mahadeolal Kanodia v.Administrator General W.B. AIR 1960 SC 936 (940)

[10] Kirkness v. John Hudson & CO., (1955 2 All ER 345 (HL) 366.

[11] State v. Bartlay, 39 Neb 353 (1894)

[12] Commissioner of Sales Tax, U>P., Lucknow v. M/s. Parsons Tools and plants, kanput, AIR 1975 SC 1039

[13] Subhash Ganpat Roy Buty v. maroti, AIR 1975 Bom 244; Indian Chamber of Commerce v. CIT West Bengal AIR 1976 SC 348.

[14] Lord Evershed, M.R. – Foreword to Maxwell’s Interpretation of Statutes 11th Edition.

[15] Craies, On Statute Law 7th edition page 96.

[16] (1584) 76 ER 73:3CO. Rep.7a.

[17] Millers v. Salomons, (1852) 7Ex 475; Sant Raj v. State of Madras, AIR 1974 SC 517 (520)

[18] (1584) 76 ER 73:3CO. Rep.7a.

[19] AIR 1963 SC 1356

[20] (1957) SCR 930 (936)

[21] AIR 1955 SC 661 (674)

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