THE NEED OF ARBITRATION IN THE FIELD OF SPORTS LAW

ABSTRACT:

Sports field is one of the fields of fame where people were made to express their sportsmanship in order to attaining greatness. But due to the intervention of politics, corruption, drugs, etc the sacredness of sports are put on to a jeopardical situation and when such issues were taken to the judiciary due to the piled-up cases the justice gets delayed which affects the athletes both in terms of career and life. So, in order to avoid such circumstances, the process of Arbitration was used, which is an outside court settlement falls under the ambit of Arbitration and Dispute Resolution.

Keywords: Sports, Arbitration, India, Athlete, ICAS

Authored by B.Jayasuriyan, Saveetha School Of Law.

A DETAILED NOTE ON TRANSPARENCY AND CONFIDENTIALITY IN INTERNATIONAL ARBITRATION

Abstract-

Transparency and Confidentiality are two procedures in arbitration. Transparency provides for openness, clarity, disclosure, access to information while confidentiality refers to non-disclosure, it is one of the most fundamental reason why parties resort to arbitration. At times, transparency and confidentiality are at odds. Here we will talk about transparency and confidentiality in international arbitration, why is it needed and when should be one of these be resorted to.

Authored by Divyanshi Gupta, Faculty Of Law, Lucknow University.

An Essay On Arbitration Agreement And Doctrine Of Separability

ABSTRACT:

The major argument against the doctrine of seperability is that it refutes the contractual approach to arbitration law. It has been criticized as it takes away the rights of the parties to move to court. Unfortunately, the effect of this doctrine is so wide that the practitioners fail to apply it in its limited context. Arbitration practitioners and scholars often venture out from its restricted context and apply it to generally separate the arbitration agreement from the carrier agreement. This has opened a Pandora’s box for habitual litigants to impede the determination of disputes. As a result of this, parties are burdened with mounting expenses, and the courts are also burdened with frivolous cases.

Authored by Divyanshi Gupta, Faculty of law, Lucknow University.

LEBANON RESORTING TO INTERNATIONAL ARBITRATION

ABSTRACT:

Lebanese President Michel Aoun this year expressed that he would not mind resorting to arbitration if the country fails to reach at a fair agreement with Israel regarding maritime border demarcation. Arbitration is quite common in Lebanon, in fact, Lebanon is one of the friendliest countries in the Middle East for arbitration. In principle, all disputes can be submitted for arbitration in Lebanon. Arbitration proceedings fall within the ambit of Code of Civil Procedure and article 309 of the Code provides that arbitration is international if it involves the interests of international trade and of course, mutual consent of the parties to the agreement. The talks between Israel and Lebanon started in 14th October 2020.

Authored by Arushi Sharma, NLU, Shimla

WHEN CONSOLIDATION FAILS: THE CHALLENGES OF PARALLEL ARBITRATION PROCEEDINGS

ABSTRACT:

Consolidation in simple terms is a process in which two or more claims are put in one single dispute and this procedure helps in avoiding conflicting awards in order to save time and money and to ensure operation of this procedure the consent of the parties and connection of the disputes is a must. As per article 10 of the International Chamber of Commerce (‘ICC’) either the demand for consolidation should be made under the same arbitration agreement or the agreements must be driven by the same parties, disputes, legal relationships. The consent for consolidate should be given expressly without leaving any doubt just like the consent to arbitrate. In the absence of an express consent parallel proceedings arise which are quite common in the energy industry because of the involvement of multi-parties and multi-contract transactions. Parallel proceedings have their own challenges and one of them is inconsistent findings of fact or law which eventually leads to inconsistent decisions on damages and sentences.

Authored by Arushi Sharma, NLU, Shimla

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.

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