Arbitration Agreements and Third Party Non-Signatory

Vedang Mishra, Research Associate Normally, arbitration takes place between the persons who have, from the outset, been parties to both the arbitration agreement as well as the substantive contract underlining that agreement. But, it does occasionally happen that the claim is made against or by someone who is not originally named as a party. No procedure or statutory power has been provided for an...

National Policy on Universal Electronic Accessibility

Shruti Sethi, Student of Law, HNLU, Raipur In order to fulfil its obligations under the United Nations Convention on the Rights of the Persons with Disabilities (UNCRPD) which India ratified in 2007, which stood for “State Parties shall take appropriate measures to ensure to persons with disabilities, access on an equal basis with others, to the physical environment, to transportation, to information...

Prohibition of Employment as Manual Scavengers and their Rehabilitation Bill, 2012

Waste Management a serious social issue
Aastha Mehta, GNLU, Gandhinagar Social injustice has been a way of life for these people. And dignity is a new concept for them. Dirt, filth and exposing oneself to putrid conditions has been a routine. Welcome to the world of manual scavengers, who have been subjected not only to inhuman work but have been treated as diseased animals due to their belonging to lower caste, making them subject to harsher...

Regulatory Regime for Oil and Gas Industry in India

Abhinav Gaur, Research Associate India has always had a rich and long history in Oil & Gas sector. Primarily, oil was struck at Makum in Assam in the year 1867. Then, first oil discovery put to commercial benefit was made in Digboi in 1889. In the times of pre-independent India, the Assam Oil Company and Attock Oil Company were the only oil companies producing oil in the country, with...

Is it still possible to differentiate between the state, citizens, criminals, rebels etc. in Syria?

Dmytro Tupchiienko, Institute of Criminology, University of Cambridge (UK) In order to understand the Syrian conflict, it is worth noting, that Syrian civil war is by all means not a recent invention or recent event. This will give us a more thorough understanding of its roots, continuation and climax, if any. An ongoing conflict in Syria started shortly after World War I, as an offshoot of the ‘Great...

Option given by SEBI – Call and Put allowed in M&A

Swarnim Shrivastava Another breather for Corporate India after the passage of the Companies Act, 2013 is that SEBI has allowed companies to include call and put options in the M&A and Private Equity Agreements1. Companies can now enter “contracts for pre-emption including right of first refusal, or tag-along or drag-along rights contained in shareholders agreements or articles of association...

An Insight on Role of Expert as Third Party in Functioning of Arbitral Tribunal

Pankaj Sevta, Research Associate It is pertinent to note that the Arbitration and Conciliation Act 1996 grants the power to an arbitral tribunal, failing agreement by the parties to the contrary, to appoint one or more experts in the capacity of a third party to report to it on specific issues to be determined by the Arbitral tribunal. It also requires a party to give the expert any relevant information...

Independence of Judiciary at stake

Prof. Ashok G. Pawade1and Dr. Ravishankar K. Mor2. On 5th September 2013 Rajya Sabha passed the Constitution (One Hundred Twentieth Amendment) Bill, and the collegiums system as evolve by the Supreme Court is likely to come to an end. An attempt to analyse the said amendments is made to check if it is within the spirit of the constitution or not. Articles which are sought to be amended are reproduced...

Accept School Leaving Certificate as Age Proof: SC

Subhro Bhattacharya, Student of Law, HNLU, Raipur Setting aside the ambiguity on age proof  for an accused, the Supreme Court on Wednesday, September 18th, 2013 held School Leaving Certificate as the authentic age proof of an individual. The judgment arising out of a special leave petition in the matter of Ranjeet Goshwami v. State of Jharkand and Anr is set to have important fallout on numerous petitions...

Right to Life: Reshaped Again

Aastha Mehta, Student of Law, GNLU, Gandhinagar Supreme Court has again taken favored stand for the citizens of the country, by criticizing the Government for not having any framework of rules for clinical trials in India. In a PIL filed by NGO Swasthya Adhikar Manch, the apex Court has directed the government that no clinical trials of untested drugs usually tested on volunteers and patients will...

NOTA – None of the Above

Rohan Mukherjee, National Law University, Odisha The ideals of democracy- which comes with its share of freedoms and rights, certainly received a nudge with the fresh judgment on People’s Union for Civil Liberties v Union of India that made the installation of a ‘None of the above’ (NOTA) button mandatory on the Electronic Voting Mechines – a move that the Court believes will encourage the...