Arbitration And Conciliation Act In India An Overview

Arbitration, an age old concept in India, is a part of Alternate Dispute Resolution (ADR) with other popular ADR processes like Conciliation and Mediation. In India Alternate Dispute Resolution is governed by the Indian Arbitration and Conciliation Act 1996 which is created on the lines of the Model Law of the UNCITAL (United Nations Commission on International Trade Law). This article identifies certain problem areas of the Arbitration Laws of India, highlights some of the revolutionary decisions by Supreme Court and points out some of the misuses as well.
Problem areas:
Over the past decade, the lofty objective of enacting this Act stands substantially diluted due to various reasons as follows:
a.Inability of parties to exercise their rights explicitly provided under the statute
b.The overdependence on retired judges as arbitrators
c.Expansive delays
d.Considerable expense
e.Legal professionals treating arbitrations as an extension of the court proceedings and converting them to lengthy trials.
f.Exercise of appellate power under Section 34 of the Act – a virtual practice to challenge each and every award irrespective of whether it fits within the limited grounds specified in Section 34.
These render nugatory the stated intent of creating an arbitral process that is fair, efficient and capable of meeting the needs of the specific arbitration resulting in an explosion of litigation as against the stated intent of reducing the same.
Revolutionary decisions:
The Supreme Court, while dealing with such rival contentions has held that interpretation of a contract may fall within the realm of the arbitrator. The Court while dealing with an award would not reappreciate the evidence. An award containing reasons also may not be interfered with unless they are found to be perverse or based on a wrong proposition of law like an error apparent on the face of the award. If two views are possible, it is trite, the Court will refrain itself from interfering. Jurisdiction of the court to interfere with an award made by an arbitrator is limited. On contrary to this, in recent times, the courts were impelled to have fresh look on the ambit of challenge to an award by the arbitrator so that the award does not get undesirable immunity.
The Court also quoted it is correct that courts shall not ordinarily substitute their interpretation for that of the arbitrator. It is also true that if the parties with their eyes wide open have consented to refer the matter to the arbitration, then normally the finding of the arbitrator should be accepted without demur. There is no quarrel with this legal proposition. But in a case where it is found that the arbitrator has acted without jurisdiction and has put an interpretation on the clause of the agreement which is wholly contrary to law then in that case there is no prohibition for the courts to set things right.
While the conclusion may not be so relevant, it is the reiteration of the aforementioned principles that is reassuring. One can only hope that this would guide the hands of all judicial authorities while entertaining appeals under Section 34.
Misuse:
Misuse of the process of Arbitration by companies and parties is also not unheard of and is even prevalent in international commercial arbitration where the arbitration agreement or the arbitration clause may stipulate sole and mixed arbitral commissions. These depend primarily on whether the disputes are to be referred to a single arbitrator or the parties may appoint an arbitrator each with an umpire presiding over the arbitration commission.
Problems as discussed again arise when the party to the agreement in power may force the other party or parties to sign an arbitration agreement or arbitration clause created to cause pecuniary or territorial discomfort to ensure a quicker or unfair settlement. The conclusion is obvious. If arbitration is to survive, ADR lawyers must insist on institutional arbitration to ensure Alternate Dispute Resolution becomes a better alternative to Court litigation.
The USP of resolving disputes through Arbitration was its relative simplicity, economy, speed and privacy. However, over the time it has been observed that Institutional Arbitration through Associations or Societies like The Indian Council of Arbitration (ICA) , Federation of Indian Chambers of Commerce and Industry (FICCI), FICCI Arbitration and Conciliation Tribunal (FACT), The Associated Chambers of Commerce and Industry of India (ASSOCHAM) etc. is the best since they conduct Arbitration as per rules laid down which have stood the test of time and where the reputation of the Arbitrator is impeccable while at the same time the parties to arbitration know very clearly what the cost of the said arbitration be.
It is unfortunate that most litigants and parties do not opt for institutional arbitration which has time and again proven its mettle in providing fast, economical and completely impartial resolutions of disputes within the ambit of strongly laid down process and guidelines.

Top Reasons Not To Hire A Family Law Lawyer

Youve taken the leave your spouse high-dive and are floundering amid an emotional hurricane to protect your rights, your childrens rights and your assets.

Should you hire a family law lawyer?

That depends.

First do the math.

What is the total net worth of your joint assets?

Many people have little to no equity in their homes, no investments, and large credit debt. Since the number one major cause of divorce stems from finances, debt will often be the primary driver of relationship failure.

According to Statistics Canada a typical divorce in Canada costs:

Uncontested- $550 to $1600
Contested- $2600- $18,5000
Separation Agreement $550-2500
Child Custody and Support- $1490 – $13,900

Keep in mind each spouse would pay the above fees to their own counsel while trying to support two households with the same income formerly used to support one. Also, be sure to add the applicable fees together. For example; separation agreement $ + child custody $ + contested divorce $= X. Then multiply the number by two parties.

The impact can be debilitating. Most cases that see trial will end up costing both parties a total of $40,000 or more. Ive known many cases that settled just prior to trial and ended up costing $18,000 per side.

Most consumers have debt near the maximum acceptable 40% total debt service ratio.

To calculate your debt service ratio, your monthly payments should not exceed 40% of your total gross income including mortgage, property taxes, credit cards, loans and lines-of credit. Now that you are supporting your own household, how much is your new debt service ratio?

Look at a simple balance sheet. After you pay legal fees, how much money will be left? Will you end up financing your settlement on credit cards?

If you take emotions out of the equation and just look at the simple math, you may want to consider pushing for a professional mediator.

A mediators hourly rate is exponentially less than a lawyers and typically a divorce involving a retirement plan, a house and children will take 4-6 hours of mediation.

Mediation only works when both parties are reasonable.

If your former spouse is highly unreasonable, abusive, or a narcissist, you should make the decision knowing fully their primary motivation may be not to settle, but revenge. This type of personality sets out to do as much damage as possible to their ex-partner with the goal of robbing them of any potential joy and trying to maintain a sense of power and control.

In these cases, you may end up spending $25,000 to protect $5,000 in assets.

The bottom line? Look at the marriage. So goes the marriage, so goes the divorce.

Many people believe the law will protect their children and their assets. The reality is that no family court judge can force a person to behave. If a former spouse wants to hide money, avoid support payments, and recklessly destroy joint credit ratings, they can.

Even a court order to protect assets is not worth the paper it’s written on if you are dealing with a vendictive person.

How your spouse behaved when they loved you is the barometer of how they will behave when you decide to leave them. If they were abusive, irresponsible, or spiteful, it will only escalate. Prepare for a tidal wave of mean tactics.

If you were married to a kind, loving person who had positive relationships with friends and family members, you will likely experience a more reasonable and fair divorce.

With a 50% divorce rate, those who have not yet committed to a marriage should seriously consider a prenuptial agreement. In the end, a contract will be exponentially cheaper than the cost of divorce.

Some may argue that a prenup undermines the trust in a relationship. Most experts would agree that

Why Hire NYC Employment Attorney When Experiencing Employment Related Issues

Everyone is struggling to establish their career as the economy is going through some crises. Securing your job means putting more effort and doing more work as the employment competition is pretty tight. But on the later part of the scenario, businesses may experience some troubles that may result in reduction of employees. Business abuses are definitely unavoidable these days. In fact, it can’t be helped that a few workplaces are discriminating the jobless with the number of individuals looking for a job. /p>

There are numerous factors which hinder people from getting hired these days. For one, there is many cronyism. This implies that applicants who know somebody in the company will have higher chances of getting hired, while those who don’t will not. Actually, many people in New York are facing no troubles in searching for properties, but they are struggling in seeking a job. This can be proved with the slow increase in job gains. Aside from that, a number of employees are also having problems with job security.

It is not easy to navigate the modern workplace that’s the reason why dependable New York employment lawyer are necessary to assist labor matters efficiently. They are capable of offering help to the workers of large companies, small businesses, and nonprofit organizations if it is all about employment and civil litigation matters. What is best about them is they also offer their services internationally. It is not new to them to know that a few workplaces discriminate their employees, specifically concerning race, religion, disability, sex and age. With their help, staff will have good chances of keeping their job without being stereotyped.

Whether your case involves harassment, gender equality issues, sexual harassment, breach of contract, executive compensation, or problems within partnerships, the employment lawyers can surely help you. Other things available by the NYC employment lawyers are counseling and advice for financial institutions and other firms in numerous states, assistance concerning new business initiatives, acquisitions, joint ventures and the likes, drafting and revising employee handbooks, and other employment-related documents. What they do is to maintain a sense of fairness and equality among all employees. The primary purpose of the employment lawyers is to ensure that employees are treated very well, preventing business abuse cases. Remember that laws are implied as a way to safeguard both parties.

Aside from the above mentioned services, employment lawyers are also helping out companies and businesses in keeping a strong connection to their staff. In several companies, employees get to receive a “value exchange.- Through this, a fun, thriving, and fully engaged environment of a workplace is anticipated. This indicates that the workplace won’t have the same dry atmosphere that you see on common offices. Aside from providing employees a sense of freedom, this will also help them to become productive as they are pleased with what they’re doing.

If you think that the business you’re in has issues in between employers and employees, it is best to ask the assistance of New York employment lawyers. Be it professional or social classes, they know as to how discrimination can cause major complications. Moreover, they can be of service to financially incapacitated small businesses that are bombarded with legal issues. In terms of civil litigation, you can count on the expertise and experience of these people. You may decide to discuss the issues personally to get things sorted out professionally.

Making a good plan for your Employment Lawyer is certainly not simple that’s the reason why we shared some details and tips that may be helpful to you. It doesn’t truly matter if you lack experience or if you encountered a lot of failures when you started as success will come at some point if you persevere. To get further information concerning EmploymentAttorneys NYC and the most beneficial ways to approach it, spend some time to visit the page https://www.facebook.com/youngandma.

Video Deposition – An important legal tool for Attorneys

In virtually every legal situation, attorneys use depositions to record witness interviews prior towards the case currently being attempted inside a court of law. The knowledge provided from the witness inside a deposition can be utilized as proof by an attorney in the time of a trial and current his side with the case.

Basically, depositions support lawyers to create a tactic to be able to strengthen their circumstance inside a court of law. This is in which video deposition providers come into play.

The effectiveness of a video deposition is dependent upon the court reporter’s potential also as the witness’s habits. It’s very prevalent for witnesses to be uneasy for the duration of a deposition and therefore it is the capability with the court reporter to interpret the numerous aspects from the witness that contain emotions, conduct as well as the body language which goes a long way in defining the effectiveness of the video clip deposition.

A prime quality video deposition can assist a lawyer construct his circumstance very properly since the deposition is definitely an official statement that can be used in the court like a reference in the course of a trial. Though access to written transcriptions just isn’t obtainable immediately they could be created accessible if the court is of your opinion that a witness is attempting to alter the authentic testimony.

In some circumstances the witness might not be shifting the testimony but may be displaying a different attitude. A lawyer might use the video deposition to highlight this difference to the court and strengthen their circumstance.

A video clip deposition is ideal for making comparisons in a very court of law. It really is for this purpose that far more and more firms are opting for video clip depositions because it brings in further accountability.

Nevertheless, a video deposition should be done in a professional manner so that you can sustain premium quality requirements. If a video clip deposition is shabbily handled, it might possess a really adverse impact on the circumstance by itself. Hence, a good deal of care desires to taken at the time of a video deposition.

It is very critical that there are skilled camera individuals in location to be able to help the court reporter from the deposition method and be sure that the video good quality of the deposition is of the highest standards.

Lastly, there are very some video clip deposition companies who can offer video clip conferencing amenities in order that as a lawyer it is possible to conduct depositions, witness interviews or another relevant solutions without actually getting to depart your metropolis. The most beneficial point is it aids your clients to conserve on charges and concurrently conduct a video deposition anyplace in the world.

Alleging grounds for divorce Spain

Most countries have varying rules and procedures when it comes to the process for applying for a divorce. Usually this is on the basis of socio-religious grounds and it may be argued that a countries moral and religious norms are reflected in the requirements it enacts for a divorce to be applied for and approved.

Prior to 2005 the legal rules in Spain made it obligatory to offer appropriate grounds for making an application for a divorce. Spain has, however, passed new legislation (Ley 15/2005) which utterly renewed this entire tract of family law and in addition, in so doing, did away with a lot of the old obligations.

For that reason it is no longer imperative to be dependent on the normal allegations drawn on pre-2005 such as drug addiction, alcoholism, infidelity and cessation of matrimonial cohabiting. Now it is merely imperative that three months have passed from the time the marriage took place in order for a divorce to be applied for by either or both of the spouses. No motives are required besides an inclination by one or both of the spouses to part company.

The justification behind the changes was to streamline the system and bring a scintilla of modernity to the fundamental essence of the law in this area. So, either or both of the spouses may write a petition for a divorce and, if there be an agreement as to the important issues therein, may reach the prerequisites for a new process established by the legislation, that is normally known as Express Divorce.

‘Express divorce’ permits a faster, less expensive and simpler mechanism for a couple to divorce. A vital element of the Express Divorce mechanism is that there be an accord between the spouses, both as to the need to dissolve the marriage as well as to the precise specifics of the divorce. This takes the form of a written and signed agreement or Convenio.

When these issues have been agreed then it is just a matter of employing a lawyer who will write up the agreement formally in the form of a Convenio and have this submitted to the relevant court with the required additional documentation.

Where To Go For Rent To Own Legal Advice

Perhaps you are considering buying into a rent to own franchise but before you do you want the best rent to own legal advice and economic counsel you can get. The Association of Progressive Rental Organizations general counsel an acknowledged expert on the legal issues of rent to own is available to all APRO members to provide limited legal advice for free. This service allows all APRO members to access up-to-the minute advice on all the legal issues which affect their businesses, including the specific legislation for the individual states.

Another invaluable source of information on legal matters is the experience of other franchise dealers. APRO allows members to network with other people in the industry in order to share experiences and lessons learned. Joining the APRO family not only enables its members to learn about rent to own contracts, but also to learn operating tips, advertising and customer retention tips, as well as making contact with vendors. Additionally, members also make life-long friendships. Members affirm that the opportunities for networking, including the annual convention and legislative conference, state association meetings, and APRO hospitality suites at trade shows, are among the most valuable assets of APRO membership. Besides meetings, there are APRO online forums which share and diseminate information among fellow dealers. The E-Communities, begun in 2006, give both dealers and vendors a place in which they can share their ideas, post questions for other members to answer, and learn how other people in the industry manage their businesses and adjust to new legal issues.

Specific information on the legal issues of the rent to own contract for each state are available as free downloads from the APRO website. These pdf files are state by state RTO regulations and rules, shown in a set of easy-to-reference charts. These charts are organized in different ways: by in-store price tag disclosures, by rent to own contract disclosures, by advertising disclosures, by specification of fees and payments, and by reinstatement rights. Additionally, APROs specialized legal consultants provide free limited hour and wage consultation to all members. Besides legal help, APRO members enjoy special rates for processing credit and debit cards and well as electronic checks, as part of an APRO-affiliated credit card program specially tailored for the needs of the rent to own industry. APRO members can also participate in group liability, property, auto, and workers insurance, all customized to the needs of rent to own dealers. APRO also makes available to all members an exclusive health insurance program which offers group buying power and discounted rates, and which draws upon over forty participating doctors networks. Member companies can choose from a wide variety of plans, with deductibles from $500 to $2000. Besides its work on legal and economic issues affecting the RTO industry, APRO sponsors industry research and surveys which are invaluable tools for all members. APROs many customer and potential-customer research and industry surveys are available to all members, and allow them to access up to the minute market data and research. This research enables even small rent to own companies to make wise business decisions. Moreover, such studies help convince bankers of the financial credibility of the RTO business.

Our Experienced Criminal Lawyer Grand Rapids will Ensure Justice

If somebody is charged with any kind of crime in the Grand Rapids area it is very difficult to avoid strict punishment. Prosecution is so strong that even if you are falsely charged of any crime, you could fail to prove your innocence and face the consequences of somebody else’s mistake. Only at our law firm will you get a criminal lawyer Grand Rapids area who will ensure that you get punished if you deserve it and also ensure you will be proven innocent only if you are. Get the right help for ensured justice

If you have ever been accused of any crime that you have not committed, it is a very unfair matter. Even if you are not proven guilty, it has a number of ill-effects on your social life, your social image and on your career as well.

If you have faced any such accusation or know somebody who has, help them with our defense lawyers. Our lawyers are better than lawyers from other law firms because:

The experience- We do not hire any lawyer with any less than 10 years of experience. Some of them have over 30 years of experience.

Dedication- We hire lawyers who seem to have a truly helpful nature. We have never been wrong in the choice of our lawyers because we have always provided our clients with lawyers who would put all their efforts into the case. The Contingency Fee Policy

Our lawyers work on a contingency fee basis, that is, they do not take any fee until they have won the case on your behalf. Hence, you can be rest assured that you will get justice and if not, you will not lose anything further. No foul play

We take pride in having the most honest lawyers in our law firm. Since we choose only the dedicated ones, they are all supporters of justice and if you are wrongly accused, they will make sure you will not be punished for something you haven’t done. And if you are accused of some crime you really committed, our defense lawyers are experienced and efficient enough to know which cases to not pick.

It has always been safe to stay away from anything illegal but if you still get involved into anything illegal without knowing or without wanting to, you can always seek help with a Criminal Lawyer Grand Rapids area.

Reading the reviews provided by the author is one of the best ways to gain necessary information on

Ramaiya Guide To The Companies Act

There are few books that have made history in their respective fields and have developed an unusual crave for them amongst their patrons. This encyclopaedic work of RAMAIYA’S is undoubtedly one in the Company Law field. Every edition of this book has sold like proverbial hot cakes, pointing clearly to its scholastic wealth on the subject, its deft handling by the authors its usefulness, utility and eventually the popularity of the book in the field. It has stood the test of time and has triumphantly met the strictest scrutiny from its discerning and discriminating readers and reviewing critics.

The book in its every edition is quite eagerly awaited and widely welcomed by the people in the Company Law field. The present edition is now released with the pride and glory of the previous editions.The present Reprint Edition of BOX 1 2006 is as Amended by the Companies (Amendment) Act, 2006 (23 of 2006) assented on 29th May, 2006 and the Companies (Central Govt’s.) General Rules & Forms (Amendment) Rules, 2006 relating to e-filling of e-forms and text of SEBI Guidelines updated till May, 2006, incorporating all such statutory changes under appropriate sections of the book. Alongwith Stop Press running into 800 odd pages containing text of latest Amendment Acts, Rules, Regulations, Guidelines, Schemes, Departmental Circulars, Clarifications, Press Notes, Notifications etc. ETC.! The present new edition is being offered packed into 2 Boxes sold separately. Box 1 Reprint 2006 (Statutorily Updated till May, 2006 at appropriate places) contains 3 Parts of Treatise and 1 Part of Appendices (Appendix 1 to 150) running into 9500 plus pages. Box 2 Original Print 2004 (Optional purchase) contains 2 Parts of Appendices (Appendix 151 to 326) together running into 4000 plus pages.

The present new edition encompasses within its extensive bounds all amendments made by the Companies (Amendment) Act, 2002 (1 of 2003), the Companies (Second Amendment) Act, 2002 (11 of 2003), the Companies (Amendmen) Act, 2006 (23 of 2006) alongwith e-filling of e-forms incorporating them at appropriate places of the book. In its attempt to keep abreast of the latest developments, the new edition has taken due stock of FEMA, 1999, NBFC Directions, 1998, SEBI Act, 1992 with thorough coverage of case law references, SEBI Guidelines 2000 for Disclosure and Investor Protection and other various Guidelines, Rules and Regulations issued in respect of securities market, delegation of various powers and functions to SEBI under the Companies Act, 1956 and Securities Contracts (Regulation) Act, 1956, etc.The new edition has been thoroughly revised, even re-written at places, adding further useful notes and comments in respect of several matters of Company Law Procedures and Practice and brought completely up-to-date. In this NEW EDITION the editors have considered in detail all current topics, equal stress has been laid to make the book more practical, more authoritative, more exhaustive by adding more than 125,000 lines and discussing more than 3,500 additional cases (Indian & Foreign) decided by the Supreme Court of India, various High Courts and Foreign Courts adding nearly 4000 additional pages together in both the Boxes to the new edition.Almost all Departmental Circulars, Clarifications, Notifications, Press Notes issued till date have been discussed with original extracts alongwith thought-provoking interpretations and comments under the sections.

A very special feature of this edition is a thorough coverage of of Compliance Certificate Rules with the help of the ICSI Guidance Note on Compliance Certificate, and up-to-date revised Secretarial Action Points, Practice Notes, Check-list, list of Documents involved and petitions to be filed with Company Law Board. Yet another important feature of this edition is the discussions of various pronouncements and guidelines of the ICAI in the shape of Accounting and Auditing Practices, Statements and Standards, Guidance Notes and Opinions in brief but in exhaustive manner under appropriate sections of the book relating to Accounts and Audit. New edition carries nearly 326 useful Appendices duly cross referenced under appropriate sections bound in 3 seperate handy Parts. Appendix Part 1 contains Appendix 1 to 150 sold with Box 1. Appendices Part 2 containing Appendix 151 to 255 and Appendices Part 3 containing Appendix 256 to 326 packed in Box 2 is sold separately and is optional for the buyers.This edition, in nut-shell, is the most authoritative, exhaustive, radically revised, enlarged and most up-to-date on the subject and there is little doubt that for its tried and proven utility, the book in its present edition will have its Biblical place on the shelf of every Lawyer, Chartered Accountant, Company Secretary, Company Administrator, Company Executive, and all such individuals who are in anyway concerned with the Company Law. Needless to say that the fine print and the fascinating get-up of this new edition will only add to the spell of the book on our patrons.”

Company Law Book

Excellent Fiancee Visa Service for My Thai Fiancee by USA Immigration Law Thailand

Brian Wrights USA Immigration Law Thailand service was really great for us when I was a several thousand miles away from my Thai Fiancee in Thailand and we needed our Fiancee Visa processed to be done. Brian Wright made everything completely manageable though the stumbling blocks of the fiancee visa process seemed almost insurmountable considering the distance and language barriers. Brian Wright and his staff took the time to make sure we understood the fiancee visa process and kept us from making any mistakes that would have cost us time. Brian Wright even took the time to help us after we returned to the United States and DHS screwed up our paperwork for the Change of Status.

My Thai Fiancee is happily in America I want to thank Brian Wright for the excellent fiance visa service he provided. Everything went very smoothly and he took care of everything exactly as Brian Wright promised.

Having lived and worked around the world, I knew upfront the process for getting a fiance visa was not going to be easy. There are many obstacles to overcome such as the following:

The many documents the Thai applicant must obtain.

The Medical and Police report.

The form in English that need to be completed by the Thai applicant.

Knowledge of the Embassy and the process and customs for a successful application.

The many documents that must be supplied by the petitioner.

Brian Wrights fiance visa service was excellent and he helped make the whole fiancee visa process very simple for both of us. My Fiancee commented many times that she fell very comfortable with the way he was handling the fiance visa application. This helped her to relax and be less anxious through the fiancee visa process.

USA Immigration Law Thailand firms sole area of practice is fiancee visa, marriage visa & CR-1 marriage visa from Thailand to the United States. USA Immigration Law Thailand does not process other types of visas to America, nor does process visas to other countries.

The only additional services USA Immigration Law Thailand provides support the fiancee visa and marriage visa application process.

As a result of USA Immigration Law Thailand firms sole focus on processing fiancee visa and marriage visa from Thailand to the USA, USA Immigration Law Thailand have processed more visas to the USA from Thailand than all other Thailand based and US based immigration attorneys and visa service companies, combined. This has earned USA Immigration Law Thailand firm the distinction of being the most experienced and knowledgeable in this field.

USA Immigration Law Thailand firm, which is based in Thailand and America, is headquartered in Thailand as the primary focus of the visa application process is with your Thai fiance or Thai wife.

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Increased Regulatory Scrutiny Contributes To Legal Outsourcing Boom

Following the global financial crisis, businesses are facing increased regulatory compliance pressures. To tighten regulatory oversight in the UK, the UK government restructured financial regulation and divided the Financial Services Authority (FSA) into two regulatory bodies — the Financial Conduct Authority and the Prudential Regulatory Authority. Across the pond, the US enacted the DoddFrank Wall Street Reform and Consumer Protection Act, which changed the American financial regulatory environment and almost every part of the nation’s financial services industry. In the wake of these sweeping regulatory reforms, companies in regulated industries, such as finance and healthcare, must be hyper-diligent with their compliance programs.

Today, industry regulators in the UK and US are aggressively investigating any allegations of corruption and bribery, particularly related to foreign jurisdictions. Subsequently, the number of investigations and litigations has increased significantly, and companies face heavy fines for noncompliance and even risk criminal prosecution.

When an investigation occurs, corporate legal departments often need to provide huge amounts of information to satisfy regulator requests. The traditional ways of gathering and collating this information and reviewing it for relevance are no longer feasible. Legal departments need to have the ability to review information quickly and cost effectively, so they can respond efficiently to regulatory notices.

Law firms may not be the ideal choice to manage large volumes of information and data in a timely and cost-effective manner. Collecting and ESI processing, forensic analysis, storage, database management, hosting, and software configuration and maintenance are non-legal services that can be provided by non-legal specialists. Legal outsourcing providers (Legal Process Outsourcing) are better positioned to handle these tasks because they typically offer advanced technology and more focus on these skill sets, which are now essential for both litigation and regulatory investigations. Seasoned LPOs are geared up to provide exactly this type of predictability of costs and time lines for disclosure and can work to a fixed budget. This provides more certainty and allows clients to control costs particularly in complex investigations or litigation cases.

At the same time, the courts are mandating a wider and deeper review of electronic documents in legal proceedings as well as an explanation of what steps parties have taken to recover potentially relevant e-documents. Again, LPOs are well-equipped to provide end-to-end data management, allowing clients to confidently outsource document management and review work in regulatory matters. Some clients are even setting up panels of LPOs and requiring their external law firms to work collaboratively with these LPOs to ensure that the potential cost savings are properly and appropriately realized.

The global financial crisis has forced corporations to develop new strategies to cost-effectively and efficiently handle investigations and litigation. As more companies look to manage the associated costs and risks resulting from regulatory scrutiny, document review and e-discovery are likely to be growth areas for LPOs.

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