20th September hearing

I had to appear in an arbitration case to oppose an amendement application filed by my clients opponent. It happened to be the 6th or 7th hearing on the same issue. In arbitration cases as per prevelent practise the members of the arbitral tribunal and the lawyers normally charge on each day basis. Obviously with each extended hearing on an amendement application the client was having night mares, as incidentally in this arbitration case the parties are paying hefty fee to the arbitral tribunal members. My client was losing his sleep over this protracted litigation, having assessed that we may not be able to present our case on the date fixed, we moved an application in advance,the arbitral tribunal not keen to postpone the date called the meeting, my cleint came in a frenzy from Delhi, the only option we were left with was to make last minute preparation in the morning of the date itself and complete our arguments. The arbitral tribunal on the other hand were prepared to hear us on adjourment. I chose not to press my adjournment as the tribunal had already decided to hold the meeting, meaning thereby that both parties shelled out handsome money towards hearing charges and incidental expenses. Ultimately there was consensus on my proposal to finish arguments on amendment from the other side/opponent and the orders were reserved.

I have been a part of arbitration since last more than a decade, the purpose is clear it has to be speedy; less expensive (??) and free from the rigours of law. In our country it is still most often conducted in the most technical manner. The focus of an arbitrator should be on substantial justice; transparent but speedy procedure; the aim being that both parties get a fair chance to present their respective cases and get an opprtunity to test the case of the otherside. The principle of Natural Justice will be complied.

22 September 2008

As I have shared this fact earlier that Law as a profession is most interesting, it gives you an opportunity not only to Serve the Society in Myraid ways, but also exposes the various dimensions of human conduct and behaviour.

Professional pre occupation keeps me quite away from actually spending time on my desktop to blog, that is the primary reason that I have not been able to catch up more with the sub titles "Medical Negligence" and "Arbitration". Nevertheless, even though the post may be small,  I will endeavour to keep putting some of my experiences in arising out of so many legal battles in which I represent one of the contesting parties.