Diversity in International Arbitration

Abstract-

In the world of International Arbitration, one could only see the space is being dominated by stereotypical white men and the substantial absence of diversity. In 2015, the “Arbitration Pledge” was drawn up in acknowledgment of the lack of women in arbitral tribunals by representatives of the international arbitration community. But it’s worth remembering that the absence of diversity goes beyond gender, cultural and geographical diversity are missing too. In this new age, where women all over the globe are fighting for equality and equity, a diverse board in arbitration will improve the diverse viewpoints will contribute to better choices and the consistency of decision making.

Authored by Roudro Mukhopadhyay, OP Jindal University.

The Pandemic Is Widening a Corporate Productivity Gap

Abstract-

The topic evolves around the corporate productivity gap due to pandemic around the world many countries have seen the worst productivity gap in their corporate culture and some has seen the good result despite the Covid-19. Many companies who have developed the exact policy for their work from home culture and making their employee better and give them the work activities and other thing have done the good at making the productivity good scale but some cases who did not have taken care of the policy of the productivity of the work from structure or time management has phased the major issue of the productivity. My article will give you the right on this productivity gap of corporate in this pandemic.

Authored by Rohit Khosla, O.P.Jindal

The Troubled Relationship Between The Tenant and The Landlord During The COVID-19 Pandemic and its Repercussions

Abstract-

In this article we will see how the relationship of tenant and landlord gets disturb due to reverberation of covid 19 .Indeed, what this article ultimately seeks to achieve is evaluating way to find solution to solve the dispute between landlord and tenants The transmission of a virus with flu-like symptoms has pushed world economies to an unprecedented standstill. Stock market crashes, mass unemployment, and disruptions hinting a recession – are only the tip of the iceberg and its underlying repercussions are likely to unfold with time.The customary strained landlord-tenant relationships are further distressed with the lack of clarity in Central and state government announcements bringing fore questions of eligibility and applicability of relief measures. Until the air clears (pun-intended), Indians will continue to rely on legislations that hugely favours tenants in rental disputes, leaving landlords grappling to survive the crisis without any respite. In the interim, as parties await clarification from the government, it is advisable to facilitate a shared objective of contractual performance through collaboration and provide a win-win solution to all until normalcy returns.

Authored by Jyoti Pathak, Gautam Buddha University, Greater Noida.

The Social Security Measures and their relevance in Labour Legislations

Abstract-

Ancient Indian Literature ‘Manusmrithi’ mentioned about codes for the protection and safety of the people. The concept of Social Security was associated with the Hindu Joint Families which was the ‘Original Cell of Security’ and ‘First Line of Defence’ against any misfortune. Then in Vedic period ‘Guilds’ a group of merchants or artisans worked during calamities for the security of life and property. Organized Social Security Measures in statutory form are of recent origins a key factor in Industrial system to protect employees and their dependents against contingencies like disability, sickness, employment injury and unemployment. The Industrial Programmes based on the ideals of human dignity and social justice will relieve the anxiety of the poor labours through financial benefit and medical care. Social Security as a National Programme aims to reduce Social sufferings due to Poverty, Unemployment and Intensity of Diseases. The Schemes for Provident Fund, Medical Insurance, Maternity Benefit, Compensation and Gratuity are useful in India. The efficiency, extent of coverage, finding suitable policy and approaches to strengthen the delivery system according to priorities through planned justice for inclusive growth is the need of the day. This paper describes about the implications of various social security benefits provided to the labours in India.

Authored by Pooja Heda, KES Jayantilal H Patel Law College.

COVID-19 Pandemic and its Impact on International Arbitration

Abstract-

COVID 19 had a bad impact on all the works of private individuals as well as government. It has changed the working pattern and style of all the business. The impact of the virus is so dangerous that the government has cancelled all the schemes and started funding to cure people from the virus. The courts have also started working digitally. Despite of this advanced technology, they are facing some of the issues like digital glitch, lawyers and judges are facing problems during the case hearing. Due to these many amendments have been made in the Arbitration Rules and Guidelines. COVID-19, a virus called Coronavirus has vitiated the whole world. It was first detected in China’s city Wuhan in December & then very rapidly it spread its root throughout the Globe. COVID-19 outbreak which greatly affected the entire world has been declared a pandemic by World Health Organization (WHO).

Authored by Kavya Gopal, Prestige Institute of Management

Female Abuse through Social Networking Sites

Abstract-

‘The scars from mental cruelty can be as deep and long-lasting as wounds from punches or slaps but are often not as obvious’- Lundy Bancroft. This article intends cover the nitty gritty of female abuse through social media and look into the effects and provisions regarding the same followed by a self-concluded necessitated future action. There is no overstating the fact that female abuse through social networking sites often goes unnoticed or unreported which is a major concern in the present scenario. According to PEN America, online abuse is the, “pervasive or severe targeting of an individual or group online through harmful behavior”. The reason this article is focusing primarily on one gender is because women are abused online to a greater extent compared to men. Though the ratio of male to female internet users is 60:40, there are more reports of female abuse.

Authored by Gagana Srinivas, Ramiah College of Law, Bangalore.

Rising Legal issues and Challenges for E-Contracts

Abstract-

Due to the development of the technology the usage of E- contracts was found to be high. But usage of such contracts without adequate legal framework will definitely lead to jeopardy and work counterproductive to the business. In India, The Indian Contract Act, 1872, The Information Technology Act, 2000 and The Indian Evidence Act, 1872 plays a vital role in determining the validity of the e-contracts. And the major issues on e – contracts arise pertaining to capacity to contract, free consent, applicability, authenticity and confidentiality. Though the Indian legal system adequately addresses the issues of such, the situation gets elevated day by day with the development of technology.

Authored by Jayasurian.B, Saveetha School of Law.

Advocacy for soft law instruments to consolidate international commercial law across the globe

Abstract-

There has never been a better time to be an international commercial law scholar. After decades of being held hostage to state-centered ideas, international commercial law has finally broken through to become more solution oriented. Increasingly, nation states are becoming less important in the creation of international commercial law with the growth of regional organizations, non-state actors, and international arbitration. This is spurred on by the march of globalization and the need for international commercial law. The term “harmonization will be used as a surrogate to discuss the creation of international commercial law as it is the primary means by which international commercial law is created. This article seeks to explore two preponderant trends that have become visible in the making of international commercial law. In Part I, I shall describe the background. In Parts II and III, I will highlight the growing role of regional endeavors at harmonization, and the rise of non-binding instruments.

Authored by Nandini Tripathy, Symbiosis Law School, Hyderabad.

International commercial law and its implications for commercial law in UK context

Abstract-

International Commercial Law is a frame of prison regulations, conventions, treaties, home rules and commercial customs or usages, that governs global business or business transactions. A transaction will qualify to be worldwide if factors of multiple countries are worried. Lex mercatoria refers to that a part of worldwide commercial regulation that is unwritten, inclusive of normal industrial law; standard policies of proof and system; and general concepts of industrial law. International industrial contracts are sale transaction agreements made between parties from extraordinary countries. The strategies of getting into the foreign market, with desire made balancing prices, manage and risk, encompass: 1. Export without delay. 2. Use of foreign agent to promote and distribute. 3. Use of foreign distributor to on-sell to nearby customers. 4. Manufacture products inside the overseas countries. Through either setting up commercial enterprise or by using acquiring an overseas subsidiary. 5. Licence to a local manufacturer. 6. Enter right into a joint project with a foreign entity. 7. Appoint a franchisee.

Authored by Nandini Tripathy, Symbiosis Law School, Hyderabad.