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Showing posts from December, 2024

INDIA REAPS WHAT SARDAR SOWED IN 1991.

‘ His legacy to encourage India to create wealth by combining efficiency with austerity will live on’. India mourns the passing of a stalwart, the S ardar  of reforms who visualized India as a major economic power of the world. An idea he endorsed the August House of 1991 to believe in and assured that the country would prevail and overcome the economic instability . What Sardar   sowed in 1991,  marked a big leap in the economy in India and went on to reap the fruits for the country till date. Dr. Manmohan Singh was born and raised from humble background in undivided Punjab (now in Pakistan) on September 26, 1932.  He started as an academician in economics earning himself a Doctorate in Economics from Oxford. A soft spoken gentleman with great stature and value. He emerged in the spotlight of Indian politics when he was introduced as a Finance Minister by the then Prime minister Mr. Narsimah Rao in 1991. From July 1990 to January 1991 , India was facing a troubled e...

ARBITRATION IN INDIA: THE PAST, PRESENT AND THE FUTURE.

Arbitration is a simpler, faster, and neutral dispute resolution mechanism widely utilized as an alternative to escape the inherent delays in judicial proceedings.  Since the dawn of time, Arbitration ha s evolved on the principle of compromise, and gradually over time, the practice of arbitration has become robust and effective with many statutory laws, rules, and institutes enacted worldwide. ARBITRATION IN INDIA. India, in the yesteryear , has been uprightly focused on promoting commercial arbitration at a bigger stage. It has been an earnest endeavor of the legislature and the legal fraternity to transform India into a hub for arbitration at the global level. As India emerges as one of the fastest growing economies in the world, it is attracting a lot of global business communities for arbitration, and for India to take a big leap to become an International arbitration hub it has to be at par with the leading international arbitration centers, its practices and mechanisms and a...

CONTRASTING VIEWS ON WHETHER THE ARBITRAL TRIBUNAL IS VESTED WITH THE POWER TO IMPLEAD PARTIES IN ARBITRATION PROCEEDINGS.

Two coordinate benches of the High Court of Delhi have taken contrasting views with respect to the power vested with the Arbitral tribunal under section 16 of the Arbitration & Conciliation Act,1996. In Arupri Logistics (P) Ltd. v. Vilas Gupta, 2023 SCC OnLine Del 4297   it was held that an Arbitral Tribunal cannot join or delete parties, or proceed on principles akin to Order I Rule 10 of the Code of Civil Procedure 1908. The power to join or delete parties in a proceeding, it is held, vests only in Court. As such, it is only the Referral Court which, at the stage of referring the dispute to arbitration, can join non-signatories to the arbitral proceedings. The Arbitral Tribunal is bound to decide the issue inter se the parties who are before it and cannot carry out any addition or deletion thereto. On the contrary after the Constitution Bench of the Supreme Court had rendered its decision in Cox and Kings vs SAP, 2023 INSC 1051 on 6 th  December 2023, The ...

STICKS AND STONES MAY BREAK MY BONES BUT WORDS WILL NEVER HARM ME.

These words have been engraved in me ever since my aunt gave me a thorough lecture of not to be offended by words intended to incite or urge to take indecisive actions. If read in a literal manner it does not make any sense as sticks are far more painful than mere words but think not otherwise, Yes words can be very harmful, perilous enough to break a man emotional ly  and mentally. We humans are made up of a lot of emotions and a lot of these emotions have a trigger point which may drive us to take physical action. These emotions can also be genetically inherited as well and the adults do the best to help keep the emotions on check while growing up. Anger, hate, spite etc. if not controlled can lead to consequential actions which may leave an imprint for a long period of time. Mere b latant words can be mean, cold, direct etc. with the intent to trigger,  out of spite and the best way one can react to these smear words is to stay calm and composed  by not letting those w...