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Enforceability Of Agreements

Enforceability Of Agreements

The Tribunal then suspended the proceedings (in accordance with its powers, in accordance with Rules 11 (1) and 11 (6) of the Code of Civil Procedure), the mediation agreement being applied and instructions were given to the parties to facilitate the mediation process. After reviewing the precedents in English law, Ms. Justice O`Farrell (in paragraph 32 below) summarized that the following conditions must be met if the parties wish to avail themselves of an agreement to suspend judicial proceedings: (a) the agreement must be drafted in such a way as to create an enforceable obligation for the parties to initiate other dispute resolution proceedings; (b) the obligation must be clear and clear and specify that it is a precondition for judicial or arbitration proceedings; (c) the dispute settlement procedure in the mediation agreement should not be formal, but it must be defined in a sufficiently clear and secure manner by referring to objective benchmarks, including methods of appointing a mediator or other imperative measures in the process, without the need for further agreement between the parties; (d) The court has discretion over the objection (or arbitration) proceedings that have been initiated in violation of this binding mediation agreement. (e) In exercising this discretion, the Tribunal (1) will balance public policy considerations, in accordance with consideration, in order to respect contractual agreements between parties with (2) binding prerogatives in court proceedings, in order to assist the parties in resolving disputes effectively and effectively. The Indian Contract Act 1872, Section 2(e), defines an agreement as “any promise and set of promises that are the counterpart to each other is an agreement.” 4. With respect to how courts can enforce intermediation agreements: (a) the courts may, if necessary, suspend disputes or arbitration proceedings in order to facilitate compliance with this agreement. b) In addition, courts may order the parties to provide, in the context of an interim procedure, the necessary and relevant information (for example. B to serve the briefs) to ensure that mediation goes as smoothly as possible. 5. If the Tribunal considers that a party is attempting to abuse the Tribunal`s procedure by requesting a stay of proceedings as a delaying tactic, it may refuse the application of the mediation agreement. This is based on the principle that the Tribunal retains a leading prerogative to effectively and effectively facilitate the resolution of disputes between the two parties. In these circumstances, litigation can provide the parties with a better forum for dispute resolution.

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