The glow that Arbitration once enjoyed has now become a dull light. Many feel that it is nothing more than “litigation-lite,“ a sort of a mixture of the informal evidence taking of arbitration, and the burdens of pre-trial “discovery” that was never the intention when this “alternative” was invoked.
Recently India suffered setback at International Forum in case of Antrix Devas Multimedia deal. The root to this case lies in Bilateral investment treaties (“BITs”) which are international agreements establishing the terms and conditions for private investment by nationals and companies of one state in another state.
Arbitration is a process that provides a confidential alternative to open court for disputing parties.
There are two types of arbitration.
Safety, as per Oxford Dictionary, is defined as a noun meaning “the condition of being protected from or unlikely to cause danger, risk, or injury” and is considered to be denoting anything that is designed to prevent injury or damage. Wikipedia defines Safety as the state of being “safe”, the condition of being protected from harm or other non-desirable outcomes.
This report says that it is important that government departments set aside people and money tasked to communicate the laws, rules, and regulations that the department is charged with administering. Doing so is an important, but neglected, step in ensuring the effective implementation of public policies.
Mens or Sententia Legi, has been referred to by judges and jurists alike as the cornerstone of statutory construction. In this paper, the author re-evaluates the age old understanding that a statute should be read in line with the intent of the legislature in framing each word.