Recognition Of Emergency Arbitration In India

The Delhi High Court recently had the opportunity to examine the issue whether an emergency arbitrator is an arbitrator under the Arbitration and Conciliation Act, 1996 ("Act"). The High Court further examined the issue of whether the interim order of the Emergency Arbitrator is an order under Section 17 (1) and is enforceable under 17(2) of Act[1]. Emergency Arbitration The concept of emergency arbitration, though while not expressly present in the Act or even in the Arbitration and...

The Tribunals Reform Ordinance, 2021 Abolishes IPAB In An Effort To 'Streamline' Tribunals

A recent bill was introduced in the Lok Sabha by Minister of State Finance, Anurag Thakur. The bill proposed to reform the appointment of members and chairpersons in tribunals set up under various laws. It further provides a mechanism for filing an appeal directly to the commercial courts or the High Courts, as the case may be[1], thereby dismantling various appellate tribunals including the Intellectual Property Appellate Board (IPAB) that is responsible for hearing appeals regarding...

Stare Decisis Stares: Many Questions Than Answers In Delhi High Court Judgement Of 'Har Kishan Vs. President Secretariatt' W.P. (C) 7976/2020?

The Right to Information bleeds now with a requirement being added by a judicial order much beyond the original scheme of the Act and that is, 'Disclosure of Interest in Personal Information sought under the RTI Act would be necessary'. Fortunately, the scope of the said decision in terms of the requirement to disclose interest in any information being sought under the RTI Act, has been corrected by the Hon'ble High Court in its order dated 29.01.2021, interestingly yet again, it could...

Face Mask Against Face Cover: Controversy Still Unsettled In Delhi High Court Judgement Of 'Sudesh Kumar Vs. Govt. Of NCT Of Delhi W.P. (C) 9408/2020'?

Discipline demands a decision to obey in India and during the pandemic COVID-19 recurrence phase, the judgement passed by the High Court of Delhi has come out as a prima facie reflection of larger public good for the people in Delhi, in holding a vehicle to be a public place even if occupied by only one person for the purpose of wearing a mask compulsorily, however with the observation that 'Wearing of masks cannot be made an ego issue' since a mask is stated to be a 'Suraksha...

RERA: Safeguarding Buyers At The Crack Of The Dawn

Real estate sector has been one of the largest contributor towards the country's economic growth, yet, until a few years back it was highly risky and unregulated. The Government of India has brought about several reforms to regulate the realty sector. One major reform and the most celebrated was the enactment of 'The Real Estate (Regulation and Development) Act, 2016' (the 'RERA') with the intent to protect the interest of buyers and boost investor confidence. RERA regulates residential...

With Directions, Without Orders And Wait: Difficulties For Special Courts (POCSO) To Suo-Moto Follow The Bijoy V. State Of West Bengal, 2017?

Alice Miller, a Swiss psychologist, speaking about child abuse has said: "Child abuse damages a person for life and that damage is in no way diminished by the ignorance of the perpetrator. It is only with the uncovering of the complete truth as it affects all those involved that a genuinely viable solution can be found to the dangers of child abuse." - Alakh Alok Srivastava Vs. Union of India (2018) 17 SCC 291

Lawyers Can Win In Mediation

I am one of the founding coordinators of the Bangalore Mediation Centre, the Court annexed program of the High Court of Karnataka. A few months after we started the mediation program, a young advocate walked into my office and could not contain her excitement. She had experienced a successful mediation and exclaimed 'A silent revolution is happening in our courts. We now have a forum for quick, cheap and efficient resolutions. Most importantly, the parties are in control of the outcome'. ...

Powers Of Attachment Of The Directorate Of Enforcement Under The Prevention Of Money Laundering Act, 2002

The commission of offences dealing with the crime of money laundering, in India, has increased considerably in the last decade or so with huge scandals being uncovered on a regular basis. The Prevention of Money Laundering Act, 2002 ("the PMLA") though enacted and notified on 17th January 2003, came into force w.e.f. 1st July 2005 and has been amended more than once, lastly by the Finance Act, 2019. It was enacted with the objective of prevention of money laundering and for providing for...

Is It Alive Only On Paper - Special Task Force/Committee (POCSO) Of Delhi Police Constituted As Per Alakh Alok Srivastava Judgement?

"Children are highly vulnerable. They have little or no power to protect or provide for themselves and little influence on so much that is vital to their well-being. Children need others to speak for them, and they need decision-makers who put their well-being ahead of selfish adult interests." - Dallin .H. Oaks

The Glass Half Empty: Analysing The Arbitration And Conciliation (Amendment) Act, 2021

The Central Government on March 11, 2021 has notified the Arbitration and Conciliation (Amendment) Act, 2021 ("Amendment Act"), to repeal the Arbitration and Conciliation (Amendment) Ordinance, 2020 ("Ordinance") dated November 4, 2020. The Amendment Act, however, seeks to provide validity to anything done or any action taken under the Ordinance. In the first part of this series (available here), we had critically evaluated the practical implications of the amendment of Section 36(3)...

How Special Are The Special Courts Under POCSO Act: Need To Exercise Suo-Moto Jurisdiction In Granting Interim Compensation?

Hovering over a pertinent question as to when shall we be able to joyfully celebrate the Children's Day in our country, when the tribulations of sensitive souls are haunting our minds with unfortunate innumerable instances of abuse and assault being committed incessantly against the children with no abatement in sight. Justifications are many concerning the state's inability to prevent the commission of crimes against children when the offences are found committed by near and dear ones, ...

Powers Of Attachment Of The Directorate Of Enforcement Under The Prevention Of Money Laundering Act, 2002

The commission of offences dealing with the crime of money laundering, in India, has increased considerably in the last decade or so with huge scandals being uncovered on a regular basis. The Prevention of Money Laundering Act, 2002 ("the PMLA") though enacted and notified on 17th January 2003, came into force w.e.f. 1st July 2005 and has been amended more than once, lastly by the Finance Act, 2019. It was enacted with the objective of prevention of money laundering and for providing for...