Arbitration and Conciliation Amendment Act, 2019- A Critical Analysis

Abstract-

The legal framework surrounding, The Arbitration and Conciliation (Amendment) Act, 2019 came into force in India. The changes in Amendment Act, 2019 has stepped in to promote institutional arbitration in India and to make India a hub of domestic and international arbitration by facilitating the resolution of commercial disputes by arbitration making India an arbitration-friendly jurisdiction. The Indian legislature had initiated the Arbitration and Conciliation (Amendment) Act, 2015, which received the assent of the President of India on December 31st, 2015 and that came into force on October 23rd, 2015 with significant changes to the Arbitration Act and the initial step taken to amend the Arbitration and Conciliation Act, 1996 to provide speedy and effective resolution of disputes through arbitration or conciliation. The article shares an overview of the Arbitration and Conciliation (Amendment) Act, 2019 by discussing the role of domestic and international arbitration. The article explains the establishment of the Arbitration Council of India with a view of the amendment act that broadly deals with various aspects and features of Indian arbitration. In this context, it indicates the effects of arbitral proceedings that commenced before the 2015 amendment act. It likewise illustrates the matter of Hindustan Construction Company by applying the 2019 amendment act. It also discusses the impact on businesses, in general, inserting the 2019 amendment act while proposing the necessary reforms and future concerns

Authored By Divya Bothra, VITSOL, Chennai.

Kulbhushan Jadhav-The Unknown Story

Abstract:

International abduction for spying is existing and continuing even today in many parts of the world. A case between India and Pakistan for abducting Kulbhushan Jadhav of India by Pakistan under the pretext of spying and sabotaging for destabilizing the peace of Pakistan is being discussed in this article. As part of this article, an attempt has been made to cover details about Jadhav, crimes/allegations against him and how his act was viewed by Pakistan and India and lastly how ICJ handled the case and pronounced their verdict.

Authored By S.Shaalini, VITSOL, Chennai.

Internally Displaced Persons And Breach Of National Sovereignty: Contentions And The Way Forward

Abstract:

Protect People? or Protect Sovereignty? During a crisis this the dilemma faced by those in the national government. Apropos international development, no nation is truly sovereign. Greater interests and a global world have crisscrossed our interests and made us dependent on each other. More importantly global citizens have a responsibility to help keep the world safe and free from civil disruption and terrorism. The United Nations Charter frequently stresses on the involvement of the Security Council and chapter seven determines the order of action to be taken by countries in such situations.

Authored By Tejas Sateesha Hinder and Ritik Kumar Rath, National Law Institute University, Bhopal.

Rainbow Warrior Case Of 1982

Abstract:

The determination of settling disputes between countries is known as International Arbitration. The fundamental purpose of dispute resolution is linked to the drive of the United Nations ‘to maintain international peace and security. There are several important international dispute cases in the history viz., the Alabama Claims, Jay Treaty (1974), the Rainbow warrior case etc. This article deals about one such Landmark case namely, “Rainbow Warrior” case of 1982 which outlines how the bombing of the ship was executed by the French intelligence agents, the legal violations associated with this dispute, how the arbitration process resolved the dispute between the countries.

Authored By S.Shaalini, VITSOL, Chennai.

Frontiers Unexplored The Unmapped ‘Space Law’ Territory

Abstract:

On 27 March, 2019, India triumphantly tested indigenously built Anti-Satellite (A-SAT) missile and showcased her ‘earlier underestimated’ scientific competence with respect to space dominion. In spite of meticulous advancement and flourishing technical know-how of the unchartered outer space jurisdiction; too little is known about the laws guarding that very area. Preserving the natural resources abundantly found in outer space requires a channelized mechanism conjoined with targeted policy intervention and active juxtaposition of good governance principles.

Authored by Sanighdha, University Institute Of Legal Studies, Punjab University, Chandigarh.

Better Late than Never-Vermont bans Police Chokeholds and mandates Body Cams.

Abstract:

On 13th July 2020, Governor of Vermont i.e. Phill Scott gave green light to a new law bill. This bill mandates the police personnel to wear body cams on duty and forbids them to use chokeholds while arresting someone. This legislation prohibits the use of any maneuver on a person that applies pressure to the neck, throat, windpipe, or carotid artery that may prevent or hinder breathing, reduce intake of air, or impede the flow of blood or oxygen to the brain. The author will try to throw some light on the history of racism in the USA and will give his critique on such laws.

Authored by Shaurya Shukla, Chanakya National Law University, Patna.

Intersection between IPR &Competition Law

Abstract:

Under the competition act 2002, the main objective is to prevent any kind of practices which cause adverse effects on the competition in promotion of competition in markets and to protect the interests of the buyers and can even ensure that there is freedom of any trade which is carried on by the participants in the market.

Authored by Nishtha Kheria and Varun Vikas Srivastav, Amity Law School, Noida.

Overview of Third-party Funding Practices in International Arbitration

Abstract:

In the ages of globalization with increasing cross-border transactions, international commercial arbitration has also boomed. Though it is efficient and time-saving compared to the traditional dispute resolution mechanisms the large costs attached to it cannot be ignored. Its solution comes in the form of “Third Party Funding”, “Third-party funding (hereinafter TPF) arises when a third party (the Funder) provides financial support to another party (the Funded Party) to pursue or defend an arbitration or related court or mediation proceedings. Such financial support is provided in exchange for an economic interest in any favorable award or outcome that may ensue.”It is achieved by means of third party contracts (hereinafter) “it is an agreement by a Party to dispute Resolution Proceedings with a TPF entity for the funding of all or portion of the costs of the proceedings in exchange for a share or other interest in the proceeds of the proceedings to which the party may become entitled”.

Authored by Ayush Garg & Mridul Pateriya, Gujarat National Law University.

Polluter pays principle-does it have any status?

Abstract:

The polluter pays principle has evolved as one of the guiding principles in Environmental Law. This principle has played a pivotal role in holding the polluter responsible for his environmental wrongdoings. Polluter pays principle in its literal interpretation means that the polluter will pay for the pollution or damage caused by his actions. This article gives a glimpse on the said principle.

Authored by Raashika Kapoor, Amity Law School (GGSIPU), Delhi