Law relating to Agricultural lands not only deal with its management, title records and other details etc, but it also deal with disputes relating to it like, khatedari rights, mutation, change in use, conversation etc. Though the Central Government proposes laws relating to all the issues of Agricultural Lands, but then also the effective management and implementation is still in the hands of State Governments.
In the International context and the contracts involving subject as sales, distributorships, licensing & joint ventures, a business operator may feel dis-advantage. It’s now a common practice to put a clause of Arbitration in commercial contracts to achieve neutrality and flexibility, so that the related parties can avoid complications of civil laws, in case of any dispute and difference with relation to the contract.
In India, The Indian Contract Act, 1872 governs all the contract, whatsoever in nature and in absence of any specific clause in the contract, all the disputes related to the contract will be adjudicated under this act and the civil court of the local territory have the jurisdiction to try it.
The Arbitration and Conciliation Act 1996 is dealing with the arbitration procedure in India. The act provides effective implementation of the arbitration clause of the agreement in between the parties and method of appointment of Sole Arbitrator or Arbitration Tribunal, as the case may be and then the procedure of its summary trial. Though the act provides that the arbitration proceeding are independent proceedings without intervention of the courts, but then also to execute the award and to resolve any other issues, not amicably resolved by the parties concern, the court have all the powers to deal with.
The disputes could be tried before the courts of place of business and before the other party’s nation, in the other party’s language and procedural rules. However at the time of execution of contract the parties can specify the place of arbitration, language and applicability of additional law, rules and policies etc. Now days the multinational commercial contracts are containing provisions of applicability of various foreign arbitration procedures like SIAC, ICC arbitration rules etc. to govern the disputes with relation to the contracts. These rules are equally applicable and enforceable in India like Indian laws, because of prevailing International treaties &trade practices in this regard. The purpose of invoking these rules is to make the proceedings more authentic and accepted globally. The award under any foreign law is enforceable by and in the Indian courts having territorial jurisdiction.
In India the Law is codified, which not only help us to understand its procedure & technicalities, but also provides fair and transparent opportunity to contest. Though the law is very vast but to give a brief idea the relevant and important legislations, related to the subject, are :-