Documente Academic
Documente Profesional
Documente Cultură
Equality Eligibility criteria Tender conditions Agreement Reciprocal promises Disputes resolution
Arbitration
Alternative dispute resolution Arbitral Tribunal (AT) is private Judge Arbitrator a creation of contract Interference of court minimum Not bound by complex procedural laws Expected to be speedy and inexpensive Privacy and confidentiality Conducive to negotiated settlement
Experience in Railways
Intervention by Court Poor contract management Poor documentation Delay in appointment of AT Outside arbitrators Delayed proceedings Transfers of arbitrators Lack of training in handling arbitration cases
Formal arbitration agreement not required AT can pass interim orders in addition to court Most of the provisions are derogable Waiver principle Role of CJ in appointment
Award
Award with reasons with date & place No time limit in making award Signed copy of award to be delivered Termination of proceedings Recourse against award Limitation period Finality and enforcement of award
Application within three months from date of receipt of award 30 days extended if sufficient cause shown Court can remand to tribunal
GCC
No compensation for extension on Rly account Variation No compensation Determination of contract payment incurred in expectation of completing the work to be made Rescission no compensation for loss Excepted matters No pre reference or pendente lite interest Deemed waiver if no claim within 90 days Work to continue if arbitration during currency
Arbitration Act applicable subject to GCC Time frame for appointment of AT Time frame for claim and counter claim No new claim to be added by either party; amendment or supplement subject to acceptance by AT Replacement of arbitrator by GM AT to record day to day proceedings Proceedings normally on basis of documents Award to be reasoned Cost to be borne by respective parties Correction, interpretation, additional award in 60 days
Contract Labour
Registration of principal employer Licensing of the contractor Labour employment by licensed contractor Principal Employer to ensure that contractor
Pays minimum wages or fair wages Complies with all the legal requirements of the Act Maintains various registers and records, displays notices, abstracts of the Acts, Rules etc. Issues employment card to his workmen Provides facilities to workmen