ARBITRATION
Jai Sri Narayan, the respondent proposed to constitute a partnership firm for construction of a cinema
theatre on the land of claimant Smt. Saroja Devi and on acceptance of the said proposal by her, they
executed a deed of partnership dated 26th June 1998. Clause 4 of the partnership deed envisaged that the
claimant’s share, in the partnership, would be 2% of the annual profit. The Respondent Jai Shri Narayan
never furnished the statement of accounts to the plaintiff. He never disclosed the amount of profit payable
to her towards her 2% share in the business. The Respondent mis-managed the business of the firm &
manipulated account books. There was mutual irretrievable distrust between the claimant & respondent
and the gravity of distrust assumed to such proportions that the claimant could not continue as a partner
in the firm. The claimant has come before the Arbitral Tribunal as per clause (8) of the partnership deed,
praying for dissolution of the firm on account of mismanagement.
Parties – 6 No.
1. Claimant - Smt. Saroja Devi (1)
2. Respondent - Jai Shri Narayan (1)
3. Arbitrators - Mr. Singh and Mr. Singhal (2)
4. Mr. Jagadeep - Advocate for claimant (1)
5. Mr. Murthy - Advocate for Respondent (1)
Format for Arbitration
1. Before the hon’ble Arbitrator (Arbitration) Tribunal at Bengaluru city.
[Arbitrators
Dist. Judge ……………
In
Arbitration case No……… 84/2001]
2. Between (Claimant & Respondent)
3. Memorandum of claim statement u/s 23 of A&C Act 1996.
- Facts of the case
- Points at Issue
- Prayer
4. Signature of the claimant & the Advocate or Petitioner
5. Objection statement filed by Respondent
➢ Sign (Counsel for Respondent)
6. Framing of Issue
7. Witness & Evidence produced
8. Examiner - in - Chief, Cross - examiner, Re - Examiner
9. Award
CONCILIATION
Andhra Sugar Mill is a Pvt. Ltd., Company established on 1.4.2005 for processing sugarcane into raw or
white sugar. The company has about 80 employees who operate machines & perform routine tasks to
extract sugarcane juice and evaporate, purify and crytallize the sugar crystals.
A dispute arose between the employer of Andhra Sugar Mill Pvt. Ltd., and the workmen regarding
workmen’s claims that the management has overlooked their claim for promotion and the long pending
bonus. The initial talks between the union with the employer failed. Now matter is before the conciliation
officer. The conciliation officer has given the formal intimation in writing to the parties declaring his
intention to commence the conciliation proceedings.
Format for Conciliation
1. Opening Statement
2. Party statement (facts)
➢ Statement by T. Union
➢ Counter submitted by employer
3. Joint exploratory Session & Discussion
4. Private Meetings
5. Concluding Joint Session
6. Memorandum of Settlement
7. Terms of Settlement
8. Signature of Parties
Parties :-
1. Employer - 1. Andhra Sugar Mill Pvt. Ltd., Company
2. Director - 1
3. Employee - Union Leader - 1
4. Other Employees - 2
5. Conciliator - 1
MEDIATION
A renowed singer Nika Singh & the music composer Rahul German entered into a contract for making a
Music Album. While the Album was in the making, there was a disagreement between the music composer
and the singer regarding the lyrics. This disagreement lead the singer to walk away from the project.
One of the clause in the contract between the parties was neither of the parties will go to court, but
resolve the disputes through mediation. Hence parties have approached the mediator. Decide
Format for Mediation
1.
➢ Before the Mediation Centre (Name of Mediator)
➢ Date of Mediation
2. Parties to Dispute
3. Opening Statement to parties by mediation about themselves.
4. Each party or their representations should provide a statement about the dispute from their
perspective
5. Joint Session & Discussion
6. Concluding Joint negotiation session
7. Mutually resolved settlement agreement
Parties :-
1. Singer-Nika Singh - 1
2. Music Composer-Rahul German - 1
3. Mediator-Mr. Bajaj - 1
4. Artist Association Members - 2
5. Artist Association President - 1
NEGOTIATION
The management and employees of Rajhamsa Iron & Steel Industry in Andhra Pradesh, sat down to
negotiate a contract regarding incentive, base pay, over time, vacation etc. But unfortunately, failure of
these talks lead to a strike.
The managements contention was that they had addressed all the concerns of the employees but the
members of the union collectively believed that the management was disguise in a play to undermine the
position of the employees.
Failure of talks led to the management initiating negotiation, believing that if they used win-win
negotiation concept that would enhance a healthy relationship between employees and the management.
Hence the management of Rajhamsa Iron & Steel enlisted the help of 2 facilitators (negotiators).
Decide & help the parties to arrive at the best negotiation.
Parties:-
1. Management - 1
2. Union Leader & other 2 members - 3
3. Facilitators - 2
Format for Negotiation
1. Statement of 1st and 2nd party to the Negotiator(s)
2. Parties in the Negotiation
3. Demand
4. Counter demand – Counter Proposal
5. Negotiation /bargaining
6. Settlement Agreement