International Arbitration Forum

LSS’s International Arbitration Forum

Submissions are welcomed

Italian Marines Case: Government to accept international arbitration tribunal order

Abstract:

The Central Government has informed the Supreme Court of its decision to accept the award of the International Arbitration Tribunal which ruled that the Italian Marines involved in the Enrica Lexi case should be tried by Italy and not India. New Delhi may seek compensation for the deaths of fishermen killed in the incident off the coast of Kerala. Two Italian Marines, Massimiliano Latorre and Salvadore Girone, killed two crew members on an Indian fishing boat. The case has led to controversy between the two countries. Its spatial waters. Italy claimed that the ship had hoisted the Italian flag, and that the crew could be prosecuted under Italian law. The High Court later allowed the two Marines to leave the country and fly to Italy. Following a court adjournment on August 26, 2015, Italy took the matter to an international tribunal set up under the UN Convention on the Seas in The Hague, the Netherlands. The tribunal ruled on May 21, 2020 that Italian Marines would try but India could seek compensation for the deaths of fishermen. In the latest application filed in the court on Thursday, the Central Government, through the Standing Council, BV Balaram Das, decided to accept the tribunal award final and without any appeal. The application asked the court to close the trial, which has been pending since 2012.

Authored by Rupa Paul, Amity University, Kolkata.

Judicial Intervention in Arbitral Process: A Paradigm Shift Post the “BALCO” Judgement

Abstract:

The year 2012 saw a momentous decision by the Supreme Court of India, a five-judge bench overruled the former disputatious judgment pronounced in the Bhatia International v. Bulk Trading SA in the verdict of Bharat Aluminium Co. v. Kaiser Technical Services. In its ruling, the bench confined the scope of intervention by the Indian courts in the process of arbitration which are conducted outside the jurisdictional boundaries of India by leaving out the applicability of Part I of the Indian Arbitration and Conciliation Act, 1996. In the Bhatia, the Supreme Court reasoned on the issue on whether it could place to a request for episodic measures to an Indian court in the process of ICC arbitration which has its seat in Paris (outside the Indian territory). The appellant in Bhatia contented on the grounds that the Indian court had no competent jurisdiction and that Part I of the Arbitration and Reconciliation Act, did not apply to arbitration processes in which the seat of arbitration is outside the territorial boundary of India.

Authored by Arunav Bhattacharjya and Parvez Rahman, NLUJAA, Assam.

Guerrilla tactics in Arbitration

Abstract:

With globalization and advances in commerce and technology, the need for legal systems to
adapt to mechanisms for enhancing alternative dispute resolution (ADR) methods continues to grow. The rising popularity of ADR can be explained by the increasing number of cases being
handled by the traditional courts and the attendant delays, the perception that ADR imposes
lower costs than litigation, a preference for confidentiality and the desire of some parties to have
greater control over the selection of the individuals who will settle their dispute on the basis of
competence, experience and absence of bias. 2 In dealing with guerrilla tactics in International Arbitration, it is paramount to first and foremost
understand the consequence of the phrase “international arbitration” in relation to the subject of discourse, especially as terms in common use often elude definition.3. t is sometimes said that every arbitration is a national arbitration in the sense that it must be held at a given place and is accordingly, subject to the national law of that place. Whilst this may be an interesting topic for debate, in practice, it is customary to distinguish between arbitrations which are purely
“domestic” and those which are “international”.

Authored By Parth Bathla, FIMT, GGSIPU, Delhi.

A brief note on International Arbitration

Abstract:

International arbitration is similar to domestic court litigation, but instead of taking place before a domestic court it takes place before private adjudicators known as arbitrators. It is a consensual, neutral, binding, private and enforceable means of international dispute resolution, which is typically faster and less expensive than domestic court proceedings.

Authored By Parth Bathla, FIMT, GGSIPU, Delhi.

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.

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.

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.

First Major Arbitration In Modern Diplomatic History – The Jay’s Treaty

Abstract:

The treaty of Amity, Commerce and Navigation between his Britannic Majesty and The United States of America is commonly known as the Jay’s treaty. It was signed in the year 1795 to avert wars and to maintain peaceful trade relations between United States of America and The Great Britain. Another objective was to resolve all the unsolved issues between these two countries in accordance to the Treaty of Paris which was passed in the year 1783. However this treaty was signed with the expense of angering France.

Authored by Mohan Parthasarathy, School of law, SASTRA Deemed University

The ‘Alabama’ Claims: A Maritime Grievance

Abstract:

The Alabama claims(1862-1872), nautical grievances were a series of demand of the United States of America claiming for the damages from the United Kingdom in 1869, for capturing and burning more than 60 ‘Union Merchant Ship’ that arose during the American Civil War (1861-1865). This article deals with the Public International lawthat discusses the role of international law, its importance, and enforcement. The article also conveys about the sources of International Law that includes treaties, custom, and general principles.The other sources specifically the Judicial decision that interprets the precedent are discussed in this article. The paper also elaborates ‘The Alabama Claims’ case, as it is a renowned example under the Public International Law.

Authored by Divya Bothra, VITSOL

RELATED

Increasing cases of Channel Crossings, Is Interception a reasonable solution to this problem?

Abstract-

A lot of asylum seekers try to cross the English channel through France to reach the United Kingdom and they also warn the navy that they will drown themselves if they are stopped. As these channel crossings are on a rise, there is a chaotic situation in the immigration department of the UK. These refugees have gathered in France from different parts of the world like Iraq, Afghanistan, etc. These people are suffering from a state of pandemonium and depression as they have no food, no money and no reason to continue their life. Such kind of a lifestyle has left them with only one choice i.e. to cross the English channel and reach the UK. They are also not allowed to seek employment. Most of them want to reach England as they are proficient in the English language and they have family connections there. Emigration department of UK expressed an idea of using battleships to stop such interceptions but this is not a reasonable decision. Through this blog, the author will discuss the rise of channel crossings and will throw some light on the safe and legal asylum alternatives to curb channel crossings.

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

Inhumane Asylum System of Greece: A Critique

Abstract-

Reports of the reputed institutions like Oxfam and the Greek Council for Refugees accused Greece of putting vulnerable refugees at greater risk and systematically undermining the right to seek asylum by tightening asylum laws. Reports also shed light on the rapid increase of sexual violence at refugee camps. The new law which is introduced by Greece forces thousands of refugees to live in the squalid and putrid refugee camps on five islands in the Aegean Sea. Due to such inhumane and challenging living conditions, refugees are facing a huge health crisis. With the support of EU (European Union), Greece is rejecting all the claims concerning the various refugee rights very easily. EU is also getting criticized as they are supporting such harsh law which instead of providing a safe asylum to the families and their children, either deports them back or mandates them to live in a harsh environment without proper health and sanitation facilities. The author through this blog aims to shed some light on how Covid-19 made this situation worse, the author will further focus of non-observance of international as well as domestic law by the Greek Government and finally, the author will conclude with his outlook on the instant situation.

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

Criticizing the Hungarian Government’s callous move to starve the refugees

Abstract-

As per the reports, the Hungarian government has reached the acme of ruthlessness and sent humanity and human rights to their nadir. The reports say that Hungarian authorities have stopped distributing food to the rejected asylum seekers, who are held at the border with Serbia since August 2019. The Hungarian government, instead of finding a suitable alternative for the asylum seekers is indulged in justifying their move of letting refugees starve.

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

Norway’s Righteous Decision of upholding the LGBTQ rights along with refugee rights

Abstract-

Aftermath the impact of COVID-19, Norway has come forward with a commendable decision of prioritizing the people from the LGBTQ community. For the first time in history, refugees belonging to the LGBTQ community will be given priority both as a group and as an individual when transferring refugees are selected. A transfer refugee is a refugee who is getting transferred to a different country for permanent settlement. In nearly 70 countries homosexuality is a criminal offence and where it is decriminalized, people consider it as a taboo and due to this, people of LGBTQ community are subjected to harsh discrimination. Amid these, such decision of the Norwegian government is a quite an appreciable step. The deadly COVID-19 pandemic laid a drastic impact on the transferring of refugees. Transfer of refugees is stopped temporarily but the work will resume as soon as the situation becomes a bit normal.

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

Comparitive Study of Abortion Rights in India and U.S.A

Abstract-

Termination of the child in the womb is abortion. Throughout history, and even today, the abortion rights of woman are a debatable issue. The decision on this topic is a tough choice between the personal beliefs on morality of induced abortion and the limits set by the government for legal abortion. It is the individual right of the woman to pursue what makes her happy. A woman’s reproductive and sexual health, shape her reproductive choices. Reproductive rights are now internationally recognised as critical in both advancing woman’s rights and in promoting development. Government plays a crucial role in promoting reproductive rights of woman. They have formulated formal laws and policies. Every woman has an absolute right and control over her own body, known as bodily rights.

Authored by Subhashini.S, SASTRA, School of Law.

Dowry System In Saudi Arabia

Abstract-

Dowry means any property or valuable security given or agreed to be given either directly or indirectly by one party to a marriage to another party to the marriage. It is usually the bride’s family giving dowry to the groom. But in the case of Arab people it is the opposite. The groom has to pay a big sum of money demanded by the bride’s family after which the marriage is said to happen. This is a religious practise which is still being followed by many Arab people. However Arab people in general are not accountable to law for either offering or accepting dowry. It is a common social practise in which women feel privileged to be offered.

Authored by Subhashini.S, SASTRA School of Law.

Rights of an Arrested Person in Kenya

Abstract-

Like Indian Constitution, Republic of Kenya also has its own Constitution viz. Constitution of Kenya, 1963 to which lots of amendments have been made and the latest and the major amendment was in the year 2010. More than 67% of the Kenyan population accepted the amendment made in the year 2010. Chapter Four of the Constitution of Kenya, 2010 talks about the Bill of Rights and Part Two of Chapter Four talks about Rights and Fundamental Freedom of citizens of Kenya. In this Article let us see the Rights of arrested person of Kenya. Article 49, Part Two, Chapter Four of Constitution of Kenya talks about the Rights of Arrested person.

Authored by Subhashini.S, SASTRA, School of Law.

Ethics, Public Trust and The Medical Practice

Abstract-

Ethics is the set of moral principles that guide a person’s actions and behaviour. Medical ethics is that branch of ethics which scrutinizes clinical medicine practice and research. It is a set of guidelines which, a practitioner in cross roads may refer. It is often the deciding authority in most life and death cases. Another crucial concept in the medical arena is ‘patient trust’, which is in some way, a by-product of the standard of medical ethics. In this article, we shall take a look at what medical ethics is, why it is important, and the changing dynamics of medical ethics as a result of modernisation. The technological and scientific advancements in the current century have been a boon to millions of people. But, the medical professionals are faced with a new set of challenges and difficulties. The physicians increasingly feel the need to match the advancements with the moral dimensions. So often, they are faced with ethical and moral dilemmas. To add to this, ethical standards are very dynamic in nature. What was considered as ethical yesterday may not be so today, and what is unethical today might turn into an ethical practice tomorrow.

Authored by Gopalakrishnan R R, Sastra Deemed University

Criminalization of Cartel Offenses in India

Abstract-

The cartel offences have been a global problem slowing disrupting the economy of the world. The developing countries have been known to be more vulnerable than the developed countries. India, being a developing country has gone through its fair share of cartel offence cases. In India, cartel offences are merely civil offences and they do not come under criminal offences. The main topic of discussion is the criminalization of these offences acting as a greater deterrent effect than the offence being classified under administrative law. The severity of these offences also acts as a driving point to criminalize it. Cartel offences are criminal offences in various countries like the US while the UK classifies it as both civil and criminal offences, the stand of India will be addressed in this article. This article further emphasis on the reasons for criminalizing cartel offence in India and whether the criminalization will be a deter the course of this offence.

Authored by Keerthikah.A, School of Excellence, Mumbai University

Healthy Workplace Should be a Right & Not a Privilege

Abstract-

This article studies about “Global Program on Employment Injury Insurance (GEIP)”, following that this article include that what exactly the term employment means and what are the various duties of the employer towards their employee to make the environment of workplace healthy so that the work given by employer to employee should not feel like burden to them instead they will work much efficiently to benefit the company in larger. I will also state the right of the employee in workplace by the law and various act that was made by government for the benefit of the employee and what are the impacts of GEIP on the workers & at last I will refer a case related to it.

Authored by Shristi Singh, Amity University.

Insider Trading and The Unfair Trade Practices

Abstract-

Insider Trading is an Unfair Trade Practice which has caused quite a stir all over the world. Many public entities are deceived by a trader who deals with diverting information to gain illegal profits. This article talks about the laws enacted by the countries to deal with the situation and how the authorities are functioning with accordance to these laws.

Authored by Sharyu Rumde, School of Excellence, Mumbai University

Inclusion Of Gaming Disorder In The International Classification of Disease

Abstract-

The World Health Organization classified Gaming Disorder as a mental illness caused due to excessive gaming. This inclusion has divided the opinions of people as the decision is both praised as well as condemned. In this article, we will study about this condition and determine the validity of the decision. The World Health Organization in their 11th Revision of the International Classification of Diseases added Gaming Disorder in the group of ‘Disorders due to addictive behaviours’. This inclusion ended up creating quite a controversy as many people criticized the decision. There was a clash of opinions all over the world. Digital and video games are immensely popular amongst the masses. In fact, to such an extent that it is estimated to be more profitable than the movie making business. Gone are the days when video games were a form of entertainment for just kids, with the amount of popularity it has garnered over the years, teens and adults equally divulge in it. However, it has been observed that people end up spending too much time playing these games. To say that people are not addicted to it would be an understatement, as some people have come forward to seek help in order to stop their gaming addiction, but naming it as a disorder and classifying it with the likes of gambling addiction is where the questions start arising.

Authored by Sharyu Rumde, School of Law, Mumbai University

The Thriving Dispute of Corporate Fraud and it’s Supremacy Over Other White-Collar Crimes

Abstract-

Corporate Fraud has always been side-lined by our society as the impact of it, is not understood by many. The media has always given more attention to blue-collar crimes as they hold the attention of people more than white collar crimes. Most of the people believe fraud to be a part of business and don’t realise the consequences which will affect them. Being unaware about such topics makes a person vulnerable to these crimes as unlike other crimes, corporate fraud can affect any number of people. The social and economic effects of Corporate Fraud is immeasurable as the number of people affected is enormous. Fraud has been present in our world since time immemorial, even with proper laws corporate fraud has not shown any intention of slowing down. It has quickly spread its wings aggressively affecting our global economy. The influential people are mostly behind these frauds which makes it difficult to detect it or find any evidence relating to it. Hence there is often no conviction in these cases. The prevention of these frauds in the earlier stages is of utmost importance to make sure the company is safe from fraudulent activity. Corporate Fraud is a very serious issue and it should be treated as such before it becomes a norm for employees or executives to participate in unethical ways to gain more money. Some of the cases of Corporate Fraud such as Enron scandal or the Saradha group scam are good examples to understand the seriousness of this crime. This article briefly explains the effect of corporate fraud in our world economy with the help of some well-known corporate frauds which have previously done some serious damage to the respective country’s economy which in turn affected the economy globally.

Authored by A. Keerthikah, SOL, Mumbai University

Medical Termination of Pregnancy: A View From the Lens of Humanitarianism

Abstract-

Feminism has gained a global momentum. Various movements and legislations are helping place women and men in the same societal footing. Thanks to social media and the increasing open mindedness of the society, social taboos against women are being shed and the problems faced by them are brought to light more often than not. Termination of pregnancy is one such practice which is gaining a slow, yet gradual global recognition.

Authored by Gopalakrishnan, R R, SASTRA School of Law

How Illegal Business Practice is Anonymously Justified by Legal Means

Abstract-

This article studies about “ Flag of Convenience and its repercussion on seafarers”, following that this article will include brief introduction with historical view of it , how its convenience are very much inconvenience for labor or common people and for welfare of state . Its impact on seafarer and what are the laws for the preventions, proponent and consequences of the process with a clear conclusion .

Authored by Shristi Singh, Amity University.

Awareness For Illicit Companies that are Self-Titiled as “Shell Company”

Abstract-

This article studies about a gist of a shell company & provide a brief historical overview . Following that this article will have the main objective of a shell company , factors that are related to shell company , how it used for illegitimate as well as for legitimate purpose , laws that are violated by shell companies , steps taken by government for removal of shell companies , its impact on the society and country at large and at last I will be concluding my article by referring a case and inserting my views to it

Authored by Shrishti Singh, Amity University.

A Global Perspective on Product Liability

Abstract:

Product Liability is an emerging law which deals with protecting the rights of consumers. Many times, manufacturers or suppliers sell a defective product which ends up harming a consumer, this field of law makes sure that such harm caused doesn’t go unnoticed and a consumer is compensated for the loss caused to him. Under this law, the sellers are held liable for providing such faulty products/services. This article focuses on the global perspective of product liability by studying the laws enacted by different countries and their applicability to the affected parties.

Authored by Sharyu Rumde, School of Law, University of Mumbai.

UN’s Torture Convention

Abstract:

Torture has been used as a tool to exploit minority people from time immemorial. During war or communal violence, torture has been prevalent in countries all around the world. Convention Against Torture is one of UN based treaty to eradicate torture from this world and to retain human rights. Torture is defined in Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. This piece will attempt to break down such complex definitions and provide an accurate legal insight into the aforementioned issue.

Authored by A. Keerthikah, School of Law, Mumbai University.

The Influence of Continuing Medical Education (CME) in Maintaining Competency of Healthcare Professionals

Abstract-

Healthcare professionals are considered by many to be akin to God. This field is developing very day to suit the needs of the patients hence the knowledge of medicine is never enough. Some doctors even say they further they are away from medical school they less knowledge they seem to have. This problem is solved by CME, which updates the medical professionals with knowledge of newer development in the medical field.

Authored by A. Keerthikah
School of Law, Mumbai University.

Beirut Blast and The Regulations Regarding The Operation of Ammonium Nitrate

Abstract-

The Beirut Explosion is one of the largest blasts the world has seen in recent times. The country of Lebanon has taken a massive hit, but the dreadful history behind the cause of explosion showcases the dark side of Lebanese government. The negligence shown by the government has ended up causing this disaster, a disaster which could have been easily prevented. This article focusses on the cause of the problem and highlights how necessary protocols were grossly violated.

Authored by Sharyu Rumde, School of Law, University of Mumbai.

Medical Negligence

Abstract-

This article analyses the concept of medical negligence, puts into words how acutely patient rights is considered, and suggests ways to strike a balance between due care and patient safety in order to neglect “negligence”. It also views medical negligence from the lens of COVID-19, and examines whether giving doctors immunity from negligence works best for the larger society.

“The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition.”

Authored by Gopalakrishnan R R, Sastra Deemed University.

Indian Maritime Law

Abstract:

India has a long history of dealing with the sea and has a distinct tradition of many years of trade and commerce within and beyond its territorial borders. The history of the Indian Ocean dates back to the 3rd millennium BC when many ships sailed from India to and from India. Therefore, although there is no codified law as it exists today, customs and regulations relating to the sea and maritime activities have existed since ancient times. This article analyses Maritime Law in India and the law on ship arrests, including the jurisdiction of ship arrests in India, permissible arguments, and procedural issues. Prior to independence, maritime law in India was governed by the British Government. Coastal Vessels Act, 1838, Inland Steam Vessels Act, 1917, Admiralty Crimes (Colonial) Act, 1849, Indian Registration of Ships Act, 1841, Indian Ports Act, 1908, Shipping Control Act, 1947 with various aspects of the sea in India.

Authored by Rupa Paul, Amity University, Kolkata.

Demerger Regulations in India

Abstract:

“Demerger” can be defined as the division or division of a company into multiple companies. New, transferable companies do not have to be parental corporations that have been split or disbanded. The New Oxford Dictionary defines “demerger” as “to divide a large company into two or more entities.”Justice NV Balasubramanam noted that the Dismissal Scheme is a corporate partnership in two or more areas, thus retaining some of it and transferring the rest to the company or companies to which it has led. It is a business plan. The term ‘demerger’ is not defined in the Companies Act, 1956.

Authored by Rupa Paul, Amity University, Kolkata.

Big Data: As a Hot Topic

Abstract:

The advent of technology and internet forums has accelerated global economic growth. This greatly facilitated the process of collecting, processing and spending money on price trading in the hands of large companies and start-ups. Often referred to as ‘big data’, this concept calls for a large amount of high-quality data collected and processed by computer software to produce unique data for high-value commercial data. whether big data use affects market competition. Even under compulsory provision, access to big data can lead to unethical behaviour. For example, large businesses need to enter into special agreements with data companies’ analysts and data providers to gain competitively competitive data. They can also predict the market by making it difficult for their users to use or accept their competitors’ platform.

Authored by Rupa Paul, Amity University, Kolkata.

GST Consumption Based Tax

Abstract:

Tax goods and services (GST), the category tax applied to the various categories of goods and services are recognized as one of the most significant changes in indirect tax in India. GST is said to be a tax based on location or usage. Therefore, the location of use will determine the State that will collect the tax. Basically, taxes can be based on the origin or the source. Real estate tax or production tax is levied on the production of goods or services. Local taxes or usage taxes are levied on where goods and services are confiscated. In the area of tax-based taxation, estimates are allowed for non-existent tax rates, and the estimates are taxed in accordance with domestic production. Therefore, in terms of existing tax law, the collected SGST will generally increase in the State where the consumer of goods or services sold resides and not in the State where the goods are manufactured.

Authored by Rupa Paul, Amity University, Kolkata.

Rwandan Judging It’s Genocide

Abstract:

The genocide in Rwanda, also known as the Tutsi genocide, was the massacre of the Tutsi, Twa, and Hutu moderate Hutu in Rwanda, which took place between 7 April and 15 July 1994 during the Rwandan World War. In this post, we’ll be taking a deeper dive into this cesspool of international human right violations.

Authored by Rupa Paul, Amity University, Kolkata.

Resolution of Abuse of Dominance Cases

Abstract:

The enactment of the Competition Act, 2002 (the Act), the principal legislation governing compe-tition law in India, along with the establishment of the Competition Commission of India (CCI) as its chief enforcement authority, has been one of the biggest game changers in the Indian regulatory space. As with competition regimes in mature jurisdictions, India’s competition law covers the regulation of anticompetitive conduct, abuse of dominance and unilateral conduct, and combi¬nations. This chapter focuses on the enforcement of provisions relating to abusive conduct of enterprises and explores the evolving trends in this area.

Authored by Parth Bathla, FIMT, GGSIPU, Delhi.

Securities Law and Cross Border Regulations

Abstract:

This research paper provides an overview of commercial law that deals with securities law and cross-border regulation. The article deals with securities law that talks about the history of the U.S federal system. The article conveys the Securities and Exchange Commission (SEC) that enforced the securities law. The article also discusses the regulations of cross border and cross-border enforcement to facilitate cross border transactions.

Authored by Divya Bothra, VITSOL, Chennai.

Why Do We Need a Legislation for End-to-End Encryption- Pros and Cons?

Abstract:

The debate over whether or not to ban end-to-end encryption is likely to intensify in the second half of 2019 and into 2020. Recently, high-level officials from the Trump administration met to discuss a potential crackdown on end-to-end encryption. At a meeting of the National Security Council, U.S. government officials weighed the pros and cons of end-to-end encryption. The issue has bubbled to the surface intermittently ever since 2014, when NSA contractor Edward Snowden first publicized the mass surveillance programs of the U.S. government.

Authored by Parth Bathla, FIMT, GGSIPU, Delhi.

EIA 2020

Abstract:

Environmental assessment is taken up in this exercise as a rapid assessment technique for determining the current status of the environment and identifying impact of critical activities on environmental parameters. EIA is a relatively new planning and decision-making tool first enshrined in the United States in the National Environmental Policy Act of 1969. It is a formal study process used to predict the environmental consequences of any development project. EIA thus ensures that the potential problems are foreseen and addressed at an early stage in project planning and design. Creation of Environmental Impact Assessment (EIA) system is vital to conform socio-economic development projects to environmental safety and thereby ensure sustainable economic development. In view of the fact that development is an ever-growing process, its impact on the environment is also ever increasing, leading to rapid deterioration in environmental conditions.

Authored by Parth Bathla, FIMT, GGSIPU, Delhi.

A STEP TOWARDS ENHANCEMENT OF CORPORATE GOVERNANCE: PROVISIONS FOR FRAUD

Abstract:

The article is on one of the most important and emerging areas of jurisprudence in corporate law that is on the issue of corporate fraud. Its contribution in strengthening the corporate governance structure of the country is analysed. Whenever the headlines about corporate fraud surface, the trust reposed in the corporate entities gets affected. It therefore, becomes pertinent to note how the corporate law deals with this menace of fraud that has permeated in to the transactions and leads to lowering down of confidence of investors and shareholders.

Authored By Rishab Aggarwal & Harshil Vijayvargiya, Gujarat National Law University.

The US – Iran Conflict: A Breach Of International Law

Abstract:

The very purpose for the origination of the International law was aimed towards endorsing economic and social growth alongside furthering international concord and security. The particular article addresses the prevailing conflict between US and Iran alongside bringing light to the instances of breach of International law by the same. This article discloses several prudent occurrences such as the 1983 Beirut barrack bombings, Iran-contra scandal, the infamous “Axis of evil”, 2013 nuclear deal as well as the shootdown of RQ-4A which proved to be monumental happenings in those times thereby shaping the present relation. Detailed analysis of violation of principles of International law by the United States and Iran has been portrayed through incidents, for instance, the hostage crisis, the notorious killing of Qasem Soleimani, attacks on US base by Iran and the disreputable Muslim ban. Lastly, the article manoeuvres to improve the diplomatic relations between the two nations safeguarding the inviolability of International law.

Authored By Akashmika Jena, University Law College, Vani Vihar.

A Comprehensive Approach to a Successful M&A Deal

Abstract:

Corporate Law is one of the booming fields of law and mergers and acquisitions form the heart and soul of this area of practice. In an ever competitive market, it is very crucial for big corporates to make their presence felt. As a result such firms constantly look for opportunities to expand their business and consolidate their market power. As easy as it seems from the outside, it is an extremely arduous task to successfully execute an M&A deal. There are various factors that are taken into consideration and they need to be carefully negotiated by both the parties. This paper aims to provide a detailed insight into the important issues that are connected to an M&A deal and how they can be effectively negotiated to ensure the overall success of the transaction.

Authored By Aditya Kasiraman, Bharati Vidyapeeth (Deemed to be University), Pune.

LABOUR LAW In Covid-19 Times

Abstract:

In recent times we have seen that centre government and many state government have passed the ordinance to suspend labour laws so that the economic activities are back on track and the economy can recover from the recession that is going in the country at the present and Covid-19 has only worsen the situation for the labours and the working class. In India there is no single act or code that are governing the laws of labour. Some of the major laws that are governing the labour laws are the Trade Unions Act, 1926 Minimum Wages Act, 1948 Payment of Wages Act, 1936 and many more so let us take a look at history of labour law in India Weather or not the labour law in India are that of the International standard and how The current situation of Covid-19 will effect the laws in India

Authored By Ansh Kumar, Gujarat National Law University

Bois Locker Room: Is India’s Youth In Safer Hands?

Abstract:

The “Bois locker room” incident was an Instagram scandal that allegedly involved an Instagram group which was created and handled by a few teenagers studying from prominent school in Delhi. The conversation on that group chat was flooded by offensive comments, sharing of an objectionable picture of the minor girls, morphing them using abusive language. It all started on 3rd of May 2020; an Instagram chat group was inundated with abhorrent misogynistic comments, sharing photos of underage girls, objectifying them and planning “gang-rapes”.
The group involved teenagers who were more than 26 members educating themselves from an “elite private school”. However, the later news revealed that a minor girl used a fake identity of another named “Sidharth” who was a minor boy and decided to sexually assault herself in the group chat. The idea behind this was to check the reaction of the receiver and to test the character of that person.

Authored By Divya Bothra, VITSOL, Chennai.

Trial by Media in India

Abstract:

The media has been a major source of freedom of information, freedom of speech, and expression. However, the media is also one of the worst offenders of privacy rights through investigative journalism. The Constitution of India guarantees that a fundamental right is guaranteed in terms of a legal obligation and not as a political right. There are basic human rights and have been interpreted as political, economic, social, and cultural rights. Encouraging words in honor of the Indian Constitution begin to give a clear idea of ​​the freedom of thought and expression within the liberty. One article saw the importance of freedom as it has always been the fundamental rights of the Constitution as the term Liberals comes after justice and before equality in the Preamble and, it seems, is in line with John Rawls’ twin policy. Article 19 (1) (a) of the Constitution of India provides for freedom of speech and expression. Media freedom can be found under this heading.

Authored By Rupa Paul, Amity University, Kolkata.

Smart Contracts and Cryptocurrencies: The legal Conundrum posed by Blockchain technology

Abstract:

Cryptocurrencies, or virtual currencies, are digital means of exchange that uses a cryptography for security. The word ‘crypto’ comes from the ancient greek word, ‘kryptós’, which means weather hidden or private. Cryptocurrencies challenge the orthodoxy of how a currency works in the ways that worry some and excite others. It could transform the way we do transactions as the so-called distributed ledger technology behind their blockchain can be integrated into all sorts of business processes. The Inter-Ministerial Committee (2019) noted that the technology underlying cryptocurrencies could improve the efficiency and inclusiveness of the financial system. However, several risks have also been associated with cryptocurrencies which have been highlighted through the cryptocurrency bill.

Authored By Parth Bathla, FIMT, GGSIPU, Delhi.

Cryptocurrency: The Digital Coin

Abstract:

A three-judge panel of the Supreme Court set aside a protest rally issued by the Reserve Bank of India (RBI) barring any organization from providing banking services to anyone dealing with crypto or cryptocurrencies. The apex court did so on the grounds that the ban, which applies to all RBI-controlled facilities, was unequal.Judgment itself is designed as a film show – complete with flashback, backgrounds, conspiracy and climax – and is designed to be read by heart. Interestingly, on page 172 of the 180-page decision, the apex court actually appears to be referring to the support of the central bank circle.

Authored By Rupa Paul, Amity University, Kolkata.

Link Legal: India Law Services

Abstract:

State and social power and structure are based on theories and principles of conduct constitute the operation of public law. The National Competition Policy will be the Second Wave of changes that make the competition regime stronger and more efficient. Twenty years ago something was important changes seen in the Indian market. The benefits of the Factor flow control environment are many and are manifested in various areas such as telecom transport and manufacturing.

Authored By Rupa Paul, Amity University, Kolkata.

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.

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.

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

World Without International Organisations

Abstract:

As the arena finds itself in transition from a unipolar, US-ruled system to a multipolar structure with several poles, there is a good sized assumption that international companies, or “global governance”, is essential for this transition and its aftermath to take region in a peaceful manner. Countless IR analysts therefore spend their days analysing methods to make global governance extra powerful. Many proposals emerge each year to reform the UN Security Council, to enlarge NATO, and to “democratize” the World Bank and the IMF, always assuming that powerful international governance will make the sector extra strong.

Authored by Nandini Tripathy, Symbiosis Law School, Hyderabad.

Tax Rebate Policies To New Companies in Union Budget

Abstract:

The critical authorities announced tax alleviation for startups as part of its efforts to boost the ecosystem within the united states. Accordingly, the turnover restriction and eligibility period for startups to say tax comfort were accelerated. Startups with turnover of up to Rs one hundred crore can now claim 100 percentage deduction on their earnings for computing tax legal responsibility for three consecutive years out of 10 years due to the fact that its incorporation, Finance Minister Nirmala Sitharaman stated in her Union Budget speech in Parliament. That’s subject to the condition that the startup’s turnover doesn’t exceed Rs 100 crore.

Authored by Nandini Tripathy, Symbiosis Law School, Hyderabad

The Role Of IP In Sports In India

Abstract:

Commercialization of Sports is one of the most promising areas which have added to individual gains and contributed to the economic growth of the country. Today Intellectual Property Rights are used as marketing tools toward the branding of games and connected events, sports clubs, teams, celebrity status which all in turn require protection to prevent any complications that may arise in future. In the sports industry, a sequence of title has relevance in sports agreements which incorporate the legal release of the talent of the sportsman, in order that their work, images, personality rights, etc., can be used by another for profit. This article examines the role of IP in sports.

Authored by Nandini Tripathy, Symbiosis Law School, Hyderabad

Tiananmen Square Protest – A Democracy Movement

Abstract:

There are many countries in the world which follows the Unitary One socialist republic.The Communist party is ruling as the Unitary party in countries such as China, Cuba, Vietnam etc. In many of these countries, fundamental rights of citizens were denied though the constitution guarantees the same. In China, as an effort to get the fundamental rights and democracy, a movement initiated by the young students in Beijing and gained momentum within no time. The culmination of this movement held at the TIANANMEN SQUARE. This article talks about the overview of the protest, the way the protest was carried on, how the government handled the situation, international nations reactions to the protest and finally concluded the democracy movement.

Authored by S.Shaalini, VITSOL, Chennai.

The Implementation Of pre-packaged Insolvency in India

Abstract:

Pre-packs are mechanisms encouraging concerned stakeholders in the restructuring process to mutually negotiate the terms of restructuring, generally prior to the commencement of insolvency proceedings. While the parties can agree for a mutually cognizant resolution plan, it is expected that the formal recognition to the said plan would be given by the court. This might be a novel mechanism for restructuring in India, but it is already prevalent across many jurisdictions like US, UK, France and Germany. This paper examines the entire end in view for implementing pre-packs in India.

Authored by Anuj Goel, MAIMS, Delhi.

Mergers and Acquisitions in India

Abstract:
In merger the acquiring company takes over the assets and liabilities of a merged company. All the combining companies dissolves and only one large company is set for operations. Acquisition is a more general term, enveloping in itself in a range of acquisition transactions. It could be acquisition of control, leading to takeover of a company. It could be acquisition of tangible assets, intangible assets, rights and other kinds of obligations. This article gives a brief introduction about the mergers and acquisitions in India.

Authored by Anuj Goel, MAIMS, Delhi.

The Sino-Indian Border Dispute

Abstract:

India is a diverse country with various culture and traditions. Its boundaries cover almost 15106.7 Square Km. and it is the seventh largest country in the world by area. Similarly, China covering approximately 9.6 million Square Km, is the world’s fourth largest country by area. These two countries are economically important countries in the world, and unfortunately they are frequently engaging in border dispute and an attempt has been made through this article to analyses the history of the border dispute, nature of the current dispute, violations of agreements if any, how the present trade-off is important for both the countries and suggestions available for resolving the same has been made.

Authored by S.Shaalini, VITSOL, Chennai.

Rohingya Crisis

Abstract:

A military crackdown against the Rohingya ethnic group has driven many people from their homes in Myanmar. Rohingya people have faced systematic discrimination over decades, statelessness and targeted violence in Rakhine state, Rohingya people faced many violent attacks. Women and small girls were gang-raped and men were brutally attacked. Most of the people who escaped were severally traumatized after witnessing unspeakable atrocities. Such maltreatment has forced Rohingya women, girls, boys, and men went to go to Bangladesh for many years following violent attacks in 1978, 1991-1992, and again in 2016. Those people who moved from Myanmar have found a temporary shelter in Cox’s bazaar which is now the World’s largest refugee camp.

Authored by Alagappan. N, School of law, SASTRA Deemed University

Rethinking the role of Intellectual Property in Corona crisis

Abstract:

India’s reputation because the ‘pharmacy of the arena’, which changed into stated by using the Supreme Court in Novartis vs UOI in 2013, is affirmed once more. Back in 2001, throughout the HIV/AIDS outbreak, the price of treatment for AIDS become an not possible $10,000 per patient for one year, which turned into decreased to $400 via Indian pharmaceutical groups. By providing at 4% of the original fee, to Africa, tens of millions of lives had been stored. India maintains to manufacture and supply priced medicines and diagnostic kits matching worldwide standards for malaria, tuberculosis, HIV, hepatitis B and C, dengue, chikungunya, SARS, H1N1 and so forth.The novel coronavirus outbreak is a crisis that the sector has no longer witnessed for a century. Diseases want prevention, diagnostic, control, and healing mechanisms.

Authored by Nandini Tripathy, Symbiosis Law School, Hyderabad

International Consumer Law: What Is It All About?

Abstract:

Increasing effort has been invested in the internationalization of client law. Some of the recent massive international purchaser regulation–related scandals (e.g., Dieselgate, Facebook) demonstrate the rising relevance of and the want for international patron law. This paper argues that the efforts closer to the internationalization of consumer law should recognition, first, on the establishment of worldwide familiar minimal standards of client safety (as it has been done through the United Nations Guidelines on Consumer Protection) and, 2d, on the development and facilitation of cooperation as a vital prerequisite for the efficient protection of purchasers (because it has been initiated by means of the International Consumer Protection and Enforcement Network), in place of at the harmonization of significant patron law. This isn’t always simplest because coordination among diverse nations within the place of client safety is simpler to attain in exercise thru a coverage method instead of significant harmonization, however additionally due to the fact coordination in practice is an instrument that, because it stands now, is capable of supplying a better level of protection to clients than major harmonization.

Authored by -Nandini Tripathy, Symbiosis Law School, Hyderabad

Evolution Of International Aviation Law

Abstract:

Air travel commences from the Period when Balloons were considered to be the only source of going in the air, an essential aspect of balloons was that they were not driven with the very will of the human beings, but were flown by the rules of weather. During the early years, the Balloons were lifted on a trial basis, by the Montgolfier brothers, with putting a sheep, a rooster, and bird within the Balloons, by this the brothers wanted to check the impact of the height upon the animals. Eventually, for the very first time, 7 humans were taken aboard on the balloon, and as soon this event took place, in 1784 Paris police ordered legislation forbidding balloon flights without any special permits. This seems uncanny, that just when there was an involvement of human beings in the conduct of balloons, there was an evolution of legislation. However, it did seem fair in terms of the anticipation of the incidents that could have taken place.

Authored by – Anmol Agarwal, Maharashtra National Law University, Mumbai & Prapti Allagh, UPES Faculty of law

Cyberwarfare in Context of International Humanitarian Law

Abstract:

Technology has dominated warfare since the early 1900s. Throughout history, societies have put their best minds to work creating new ways to fight each other. New Scientist looks at the major milestones in the development of tools of war. Cyber warfare is a new a phenomenon and scenario under International Humanitarian law. Cyberspace has opened up a potentially new warfighting domain, a man-made theatre of war additional to the natural theatres of land, air, sea and outer space and is interlinked with all of them. It is a virtual space that provides worldwide interconnectivity regardless of borders.

Authored by – Nandini Tripathy, Symbiosis Law School, Hyderabad

Cyberbullying – The era Of E-Crime

Abstract:

Cyberbullying is a major problem and has become a threat in this world. Due to globalisation, the evolution of computer technology,mainly theinternet which is accessed by almost half of the world’s populationhas progressed rapidly to which ithas led to illicit fraud offences and illegal practices. Thesepractices or offencesare known as cybercrime.This article examines the international perspective of cyberbullying under international law with a classic example ofthe current incident of Bois Locker Room in India,which is infringingthe individual’s right to privacy.In this context,it indicates different ways by which an individual can reach to commit such crime and explains the challenges, impacts andits consequences confronted by the victim. It also observes, the International convention with an objective and purview of cybercrime.It also exhibits the boon and bane of social media platforms for students. This article likewise highlights the role of law that involves theregulations enforced in India as well as enforced in international law displaying countries and state with strong, average, and simple cyberbullying laws.The article also suggests self-countermeasuresthat can protectan individual from being trapped. It alsoillustrates an insight report of an interview, providing suggestions and concern for the future.

Authored by Divya Bothra, VITSOL

A digital strike in India to secure Sovereignty

Abstract:

30 June 2020 Indian Government imposed a ban approximate 59 China apps popular in Indian youths like Tik Tok (short video platform), UC Browser, Share It (file sharing app), and Cam Scanner, ( i OS and Android devices to be used as image and document scanners). Such type of ban on social media, books or movies should trigger a debate on its legality. India’s social virtual platforms are mostly different from developed countries like UK or USA where freedom of speech is held Supreme. In the Constitution of India ‘freedom of speech’ is given to citizens with limitations and every citizen of India is bound by these limitations. Although such ban on social media platforms could impede foreign direct investment and affect the expansion of the expansion of Indian digital policies, various cyber libertarians have advocated that sovereignty of states must be maintained. Hence, it is the obligation of states to plan national and worldwide law to oversee the internet. Barely any issues in overall relations are as flawed as the use of intensity and the genuine framework that legitimizes a state’s usage of intensity in self-insurance.

Authored by Anjali dixit

Once Upon a Contract: Performances in the COVID-19 Era

Abstract:

Life is inherently risky; so is business. Contracts embody the risk of the foreseeable future. However, can one allocate risk to mitigate the unanticipated? Is there a mystical way to undercut losses one cannot foresee? No one is better placed to answer these questions than the All England Lawn Tennis & Croquet Club Limited (‘Club’). The Club had the foresight to purchase pandemic insurance for the Wimbledon tournament every year since 2003 suspecting the recurrence of an illness like SARS.[1] Lo and behold, come 2020, it was all to pay off. The Club received an insurance payout of £141 million on canceling the Wimbledon tournament due to the unprecedented disruptions caused by COVID-19. Other sectors have unfortunately not been so lucky. Surely, paying millions in insurance premiums to mitigate the risk of something inherently uncertain may not constitute good business sense for all. Therefore, we must ask whether intelligent contract drafting can save the day.

Authored by – Mudita Gairola & Skanda Shekhar, Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology, Kharagpur, India

A Step Towards Enhancement Of Corporate Governance: Provisions For Fraud

Abstract:

The article is on one of the most important and emerging areas of jurisprudence in corporate law that is on the issue of corporate fraud. Its contribution in strengthening the corporate governance structure of the country is analysed. Whenever the headlines about corporate fraud surface, the trust reposed in the corporate entities gets affected. It therefore, becomes pertinent to note how the corporate law deals with this menace of fraud that has permeated in to the transactions and leads to lowering down of confidence of investors and shareholders.

Authored by Rishab Aggarwal & Harshil Vijayvargiya, GNLU

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