This article focuses on two aspects of law and resolution to your legal issues. Namely the Pro- Bono Lawyer and the Arbitration clause.
Pro Bono Lawyer, Chennai Free Legal Advise, Arbitration clause.
Pro Bono :
I am a practicing lawyer with the High Court of Madras. Presently, handle subject matters of, Trademark Act, Section 134 Negotiable Instrument Act Section 138, Original Side Criminal and Civil Appeals, Section 407 and 482, High Court Civil and Criminal orders and directions, Patent Act, Section 57 and Section 59, Section 104, 105, and commercial arbitration, other company related matters.
In the present business or personal life scenario, it is highly possible that many of us today end up with a legal notice or a legal dispute which might be a first time experience in your life. A legal notice by an Advocate; on behalf your new opponent, the opposite party, may be he was your vendor, your ex-partner, current partner, present or past employee or a relative sending a legal notice, sending a claim; a monetary damage or a compensation, failing a legal action.
Actually, a legal notice is a reflection and intention of your opposite party’s Advocate to settle the dispute in a mutual agreement. So, if you have received a legal notice from your Ex-Employer or a Vendor a ex-partner, do not panic.
What apt thing to do is to consult a lawyer who is known to you or a pro bono lawyer who does not charge you for the free the consultancy. Normally, any professional lawyer might charge you around Rs 2000 for a legal notice. There are Lawyers, genuine who value the legal profession and would not charge if you insist for.
Just fix up a convenient time with your pro Bono Advocate, who would not charge anything for the initial consultancy, but would guide you in right direction. As Abraham Lincoln said, the winner in a litigation is always the looser, because of the court fees, costs, and precious time. So mediate and settle the issue amicably at the early stage of the dispute.
If you are in business, it is must that you start following adding an arbitration clause in your future documents, whether it is employee contract, sale contract, memorandum of understanding, or a partnership contract. The parties involved in the contract can be adjudicated to a arbitration process instead of giving an opportunity to file a case in the traditional courts, where the case would take even a decade to get resolved.
The primary thing you have to do is to include an arbitration clause on the contract documents/agreements to be signed today.
Model clause which could be inserted into the agreement is.
Ex : Paragraph 12
12. Arbitration Clause:
12.1. All dispute and differences arising out of or in connection with or relating to the present agreement shall be settled under the Rules of Madras High Court Arbitration Centre by one or more arbitrators appointed in accordance with its Rules.
(a) The number of arbitrator(s) shall be 1 or 3 .( 3 in case of panel of Arbitrators) Other 1 to be decided by both parties or to be decided by the Arbitration Centre.
(b) The language of the arbitration proceedings shall be English.
(c) Specific qualifications of the arbitrator(s) including language, technical qualifications and experience, if any. Like : Retried Judge/Senior Advocate/IP Attorney/Industry Expert.
(d) The place of arbitration shall be the Madras High Court Arbitration Centre at Madras. or Any other centre applicable.
Once this clause is included in the document, it is optional to sign an exclusive arbitration agreement between the parties. The model arbitration agreement is as follows.
MODEL ARBITRATION AGREEMENT
This agreement made on the day of _________month, _________ (year), between_________ (full description and address of the Party to be given) of ONE PART and_________ (full description and address of the Party to be given) of the OTHER PART.
WHEREAS certain disputes have arisen and are subsisting between the aforesaid parties in relation to__________(details of contract to be given).
AND WHEREAS the Parties agree to submit their dispute(s) for being resolved in accordance with the Rules of ______________ Arbitration Centre (________).
Now the parties hereby agree as follows:
The parties agree to submit their dispute (s) to arbitration in accordance with the Rules of the ___________________Arbitration Centre (_________).
The arbitrator (s) shall be appointed in accordance with the Rules of the Centre.
The arbitration shall be administered by the _______________ Arbitration Centre.
The place of arbitration shall be ____________ (________).
In Witness Whereof, this Agreement has been signed on this………. Day of………. Month of…………..(year) at……….. by:
1 ——————— for and on behalf of —————————.
2 ——————— for and on behalf of —————————.
Note: The parties may:-
(a) provide for qualification(s)
Well, to conclude, there are two things this article gives directions. First is to take assistant from a Pro Bono lawyer, a lawyer who gives free consultancy for your first time legal needs, Second, to include a Arbitration clause and an Arbitration agreement to settle the dispute before going to the court.
Chennai Arbitration Center, Mediation, Chennai ProBono/Free Lawyer, Chennai Legal Opinion, Chennai Legal Advise Lawyer.