09, March 2019 09/03/2019 – Posted in: Daily News – Tags: , , , , , , , , , , , , ,

Alternative Dispute Resolution in India

 

News Flash

The Supreme Court sent the decades-long Ayodhya dispute for mediation and appointed a three-member arbitration panel. The mediation process will be held in Faizabad and will start within a week.

  • The court appointed (rt.) Justice F.M.Kalifulla as the chairman of the panel, which includes senior advocate Sriram Panchu and Sri Ravi Shankar.
  • The mediation would be held in camera with “utmost confidentiality” and should be concluded in eight weeks.
  • No reporting in print or the electronic media on the process.

India after consulting with the legal opinion leaders have concluded that mediation should be a critical part of the solution to the profound problem of arrears of cases in the civil courts.

 

Mediation

Mediation, along with other methods of Alternative Disputes Resolution, has been statutorily recognized by the Civil Procedure Code (Amendment) Act, 1999 which introduced section 89 thereto.

 

Types of Mediation

  1. COURT- REFERRED MEDIATION– It applies to cases pending in Court and which the Court would refer for mediation under Sec. 89 of the Code of Civil Procedure, 1908.
  2. PRIVATE MEDIATION – In private mediation, qualified mediators offer their services on a private, fee-for-service basis to the Court, to members of the public, to members of the commercial sector and also to the governmental sector to resolve disputes through mediation. Private mediation can be used in connection with disputes pending in Court and pre-litigation disputes.

 

Advantages of Mediation

  1. The parties have CONTROL over the mediation.
  2. Mediation is PARTICIPATIVE. Parties get an opportunity to present their case in their own words and to directly participate in the negotiation.
  3. The process is VOLUNTARY and any party can opt out of it at any stage if he feels that it is not helping him.
  4. The procedure is SPEEDY, EFFICIENT and ECONOMICAL.
  5. The process is conducted in an INFORMAL, CORDIAL and CONDUCIVE environment.
  6. The process is CONFIDENTIAL.
  7. Mediation helps to maintain/ improve/ restore relationships between the parties.
  8. In mediation the focus is on resolving the dispute in a MUTUALLY BENEFICIAL SETTLEMENT.
  9. When the parties themselves sign the terms of settlement, satisfying their underlying needs and interests, there will be compliance.
  10. Mediation PROMOTES FINALITY. The disputes are put to rest fully and finally, as there is no scope for any appeal or revision and further litigation.
Justice Kalifulla

Justice Kalifulla is a former judge of the Supreme Court, and was an active labour law practitioner who appeared for various public and private sector undertakings.

Advocate Panchu

Panchu has years of experience in alternative dispute resolution and has been described as “one of the foremost mediators in the country” by the apex court. He having mediated in a wide range of civil and commercial disputes.

Shri Ravi Shankar

Ravi Shankar is a “spiritual guru” and founder of the nongovernmental organisation Art of Living.

Source: Indian Express

 

 

Emergence of China on World stage

 

News Flash

Italy is likely to sign a memorandum of understanding with China on what has been dubbed “the new Silk Road” when Xi Jinping, the Chinese president, visits Rome on March 22-23.

Italy’s bid to join BRI indicates that European Union is not able to secure its members economic interests, on the one hand this agreement will bring more investments from China into Italy and on the other hand it will provide China a market and connectivity to the European markets.

China’s other Engagement with Europe

  • The 16+1 format is an initiative by the People’s Republic of China aimed at intensifying and expanding cooperation with 11 EU Member States and 5 Balkan countries (Albania, Bosnia and Herzegovina, Bulgaria, Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Macedonia, Montenegro, Poland, Romania, Serbia, Slovakia, Slovenia) in the fields of investments, transport, finance, science, education, and culture. In the framework of the initiative, China has defined three potential priority areas for economic cooperation: infrastructure, high technologies, and green technologies.
  • The 16+1 Cooperation Framework was proposed by former Chinese president Hu Jintao in Warsaw. And it was started in 2012.

The importance of Italy-China agreement can be understood in the following background : 

(i) Europe is considering the ways to counter Chinese mergers and acquisitions of European firms to protect the bloc’s strategic economic sectors.

(ii) The Trump administration has invoked national security provisions rarely deployed in international trade and targeted Beijing with punitive import tariffs, ostensibly to protect domestic industries.

(iii) China’s phenomenal economic expansion since joining the WTO in 2001 has almost altered the global landscape.

 

The Belt and Road Initiative

The Belt and Road Initiative (BRI) started in 2013, is an ambitious effort to improve regional cooperation and connectivity on a trans-continental scale.

– The initiative aims to strengthen infrastructure, trade, and investment links between China and some 65 other countries (currently 80) that account collectively for over 30 percent of global GDP, 62 percent of population, and 75 percent of known energy reserves. The BRI has two parts

  1. Silk Road Economic Belt, linking China to Central and South Asia and onward to Europe.
  2. New Maritime Silk Road, linking China to the nations of South East Asia, the Gulf Countries, North Africa, and on to Europe.

– Six other economic corridors have been identified to link other countries to the Belt and the Road. The scope of the initiative is still taking shape—more recently the initiative has been interpreted to be open to all countries as well as international and regional organizations.

 

Way Ahead

  • Limit the use of the policies of protectionism.
  • Promote rules-based open and free global competition.

Source: The Hindu

 

 

National Pharmaceutical Pricing Authority (NPPA)

 

News Flash

The maximum retail price (MRP) of 390 non-scheduled cancer medicines have been reduced by up to 87%, the move would result in annual savings of around ₹800 crore for patients.

 

Advantages

  • The price cut on cancer medicines would result in yearly reserve savings of around ₹800 crore for patients.
  • Also price cut is expected to benefit about 22 lakh cancer patients in India.
  • The reconsidered costs for the 390 cancer medications will become effective from 8 March 2019.

 

How it’s possible

The ministry wants manufacturers and hospitals to revise the prices based on the trade margin formula.

 

Trade Margin

A trade margin is the difference between the actual or imputed price realised on a good purchased for resale (either wholesale or retail) and the price that would have to be paid by the distributor to replace the good at the time it is sold or otherwise disposed of.

Margin Formulas/Calculations:

  • The gross profit P is the difference between the cost to make a product C and the selling price or revenue R.

P = R – C

  • The mark up percentage M is the profit P divided by the cost C to make the product.

M = P / C = ( R – C ) / C

  • The gross margin percentage G is the profit P divided by the selling price or revenue R.

G = P / R = ( R – C ) / R

 

National Pharmaceutical Pricing Authority

NPPA was constituted vide Government of India Resolution dated 29th August, 1997 as an attached office of the Department of Pharmaceuticals (DoP), Ministry of Chemicals & Fertilizers as an independent Regulator for pricing of drugs and to ensure availability and accessibility of medicines at affordable prices.

NPPA currently fixes price of drugs on the National List of Essential Medicines under Schedule I of Drug Price Control Orders (DPCO). So far, about 1,000 drugs have a price cap on them through this mode.

Source: Live Mint

 

National Company Law Tribunal (NCLT)

News Flash

Nearly two years after admitting it, the National Company Law Tribunal cleared Arcelor Mittal’s resolution plan for Essar Steel. Essar Steel, which was founded and owned by the Ruia Group was groaning under debt, and last October a committee of its creditors picked a joint venture of Arcelor Mittal and Nippon Steel to acquire the mill.

 

NCLT

The Central Government has constituted National Company Law Tribunal (NCLT) under section 408 of the Companies Act, 2013 (18 of 2013), established on 01st June 2016. In the first phase the Ministry of Corporate Affairs have set up eleven Benches, one Principal Bench at New Delhi and ten Benches at New Delhi, Ahmadabad, Allahabad, Bengaluru, Chandigarh, Chennai, Guwahati, Hyderabad, Kolkata and Mumbai. These Benches will be headed by the President and 16 Judicial Members and 09 Technical Members at different locations.

 

NCLT Jurisdiction

  • All proceedings under the Companies Act, including proceedings relating to Arbitration, Compromise, arrangements and reconstruction and winding up of companies shall be disposed of by the National Company Law Tribunal.
  • The National Company Law Tribunal is the Adjudicating Authority for Insolvency resolution process of Companies and Limited Liability Partnerships under the Insolvency and Bankruptcy Code, 2016.

 

Powers of NCLT

The NCLT has the power under the Companies Act to adjudicate proceedings:

  1. Initiated before the Company Law Board under the previous act (the Companies Act 1956);
  2. Pending before the Board for Industrial and Financial Reconstruction (BIFR), including those pending under the Sick Industrial Companies (Special Provisions) Act, 1985;
  3. Pending before the Appellate Authority for Industrial and Financial Reconstruction; and
  4. Pertaining to claims of oppression and mismanagement of a company, winding up of companies and all other powers prescribed under the Companies Act.

 

National Company Law Appellate Tribunal (NCLAT)

NCLAT was constituted under Section 410 of the Companies Act, 2013 for hearing appeals against the orders of National Company Law Tribunal(s) (NCLT), with effect from 1st June, 2016.

Other than this it also hears appeals in following matters :

  • NCLAT is also the Appellate Tribunal for hearing appeals against the orders passed by NCLT(s) under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC).
  • NCLAT is also the Appellate Tribunal for hearing appeals against the orders passed by Insolvency and Bankruptcy Board of India under Section 202 and Section 211 of IBC.

Source: The Hindu

 

 

National Bureau of Fish Genetic Resources (NBFGR)

 

News Flash

Now a collaborative effort by the Maharashtra Mangrove Cell and Lucknow’s National Bureau of Fish Genetic Resources (NBFGR) will help villagers in Maharashtra’s mangrove belt make a living by cashing in on the clown fish’s popularity.

 

Clownfish hatchery

A group from the NBFGR is at Mumbai’s Coastal and Marine Biodiversity Center in Airoli, nursing several eggs laid by seven sets of clownfish, otherwise called ‘anemonefish’.

This clownfish incubation facility, the first of its sort to be set up in Mumbai, will enable the residents to set up a clownfish exchange business. Consequently, local people would help in mangrove protection.

Around 200 clownfish were brought from Tamil Nadu, Andaman Islands, and Lakshadweep. They were matched, and 57 sets survived. “There are 30 clownfish species on the earth, of which 16 are found in India.

 Significance

  • Income generation for villagers
  • Community involvement in mangrove Conservation.

 

ICAR-National Bureau of Fish Genetic Resources

ICAR-National Bureau of Fish Genetic Resources (ICAR-NBFGR) was established in December 1983 under the aegis of Indian Council of Agricultural Research to undertake research related to the conservation of fish germ-plasm resources of the country. The Bureau’s headquarter is situated in Lucknow, U.P.

The Institute’s vision is assessment and conservation of fish genetic resources for intellectual property protection, sustainable utilization and posterity.

Mandate

  1. Exploration, characterization and cataloguing of fish genetic resources.
  2. Maintenance and preservation of fish genetic resources for conservation and utilization of prioritized species.
  3. Evaluation of indigenous and exotic germplasm including risk assessment and fish health.

Source: The Hindu

 

Joint Moon Mission

 

News Flash

Toyota and Japan’s agency planning to send joint Moon mission.

  • Car manufacturer’s first full-fledged entry into space exploration, after the company jointly developed a small robot sent to the International Space Station.
  • Japanese auto giant expected to develop a lunar rover with the Japan Aerospace Exploration Agency (JAXA).

Moon Exploration

The mission is part of renewed global interest in the Moon, sometimes called the “eighth continent” of the Earth, and comes 50 years after American astronauts first walked on the lunar surface.

  • NASA aims to land an unmanned vehicle on the Moon by 2024.
  • So far, only Russia, the United States and China have made the 384,000- kilometre (239,000-mile) journey and landed spacecraft on the Moon.
  • Israel also launched a spacecraft that aims to join them.
  • In 2017, Japan revealed plans to put an astronaut on the Moon around 2030.

India’s Moon Missions

A decade ago, ISRO launched our first mission to the Moon, Chandrayaan-1.(launched in 2008). It was a unique mission in many respects with the key focus:

  • to search for evidence for water on Moon
  • to understand the origin of the moon from mineral and chemical composition studies
  • map the lunar surface in greater detail and to detect and identify the presence of atomic species in the thin atmosphere of the Moon.

Chandrayaan-2 is scheduled to launch in April 2019 and will attempt to land a lander and rover in a high plain between two craters, Manzinus C and Simpelius N, at a latitude of about 70° south. If successful, Chandrayaan-2 will be the second mission to land a rover near the lunar south pole.

Source: Japan Times

 

 

Tata Institute of Fundamental Research.

 

News Flash

Mumbai-based Tata Institute of Fundamental Research was withholding half of its staff’s February salary have triggered much concern.

  • TIFR is among the country’s foremost institutes when it comes to basic science research.
  • Tata Institute of Fundamental Research is a National Centre of the Government of India, under the umbrella of the Department of Atomic Energy, as well as a deemed University awarding degrees for master’s and doctoral programs.
  • The Institute was founded in 1945 with support from the Sir Dorabji Tata Trust under the vision of Dr Homi Bhabha.
  • TIFR carries out basic research in physics, chemistry, biology, mathematics, computer science and science education.
  • Its main campus is located in Mumbai, with centres at Pune, Bangalore and Hyderabad. Multiple other institutes exist under the TIFR umbrella, including Bengaluru’s National Centre for Biological Sciences and the Centre for Applied Mathematics.

Source: The Hindu

ATTENTION

Krishna Kumar Kohli

Krishna Kumar Kohli, a Hindu woman from Pakistan, created history on Women’s Day 2019 by chairing the country’s Upper House of Parliament.

Krishna had earlier made headlines when she became the first Dalit Hindu woman in Pakistan to be elected to the senate. The 40-year-old, also known as Kishoo Bai, is part of the Pakistan People’s Party.

 

Padma Lakshmi

Padma Lakshmi , Indian-American television personality and food expert Padma Lakshmi has been appointed by the United Nations Development Programme (UNDP) as its newest Goodwill Ambassador, supporting the agency’s fight against inequality and discrimination around the world.