Are The Amendments Made In The Arbitration And Conciliation

Statement of the problem: The proposed study is motivated by the numerous apprehensions being raised from many quarters1 over the amendment of 2015 to the Arbitration and Conciliation Act 1996. Whereas the stated objects of the Amendments are inter-alia building a fair and efficient Arbitration and Conciliation mechanism in the country, yet in view of the stated concerns, it is of vital importance, to probe the outcomes and examine the development associated with the Amendment. Research Questions Although the amendment of 2015 to the Arbitration and Conciliation Act 1996 has been largely aimed at building confidence of investors who had a guarded approach towards Indian shores, when it comes to investments. Soon after the amendments of†¦show more content†¦The Amendment, perhaps being all encompassing step, is also being criticised as another patchy piece of legislation, which lacks fastidiousness on several counts. Some of these are as stated below: A. Section 2(2) Post the SC decision in Bharat Aluminium v. Kaiser Aluminium3, the courts in India had no interventional jurisdiction in arbitrations that are seated outside India. The Amendment inserted section 2(2) which provides for intervention of Indian courts, even if the place of arbitration is outside the Indian territory. This provision applies to international commercial arbitrations seated outside India, but is this defence also available to cases where both the parties are from within India and have chosen to arbitrate in a country other than India. This question is like to increase the intervention of courts. B. Section 9 The amendments in section 9 providing that the arbitral proceedings must be initiated within 90 days from the grant of interim relief or within such period as may be determined by the court. In this context, it was suggested by the LCI, to provide for automatic lapse of such reliefs granted by the courts after the expiry of time granted for commencement of the Arbitral proceeding. The intention of LCI in making this suggestion was to build a sense of apprehension of forgoing the protection granted to the parties through interim reliefs. However, thisShow MoreRelatedLegislative Development Of Bangladesh For Alternative Dispute Resolution : Problems And Prospects Essay1382 Words   |  6 Pageslitigation are arbitration, conciliation and mediation. Disputing parties use these ADR methods because they are expeditious, private and generally much less expensive than a trial. Mediation is a concept that is often mistakenly confused with conciliation. Although the two methods have similar aspects, they are fundamentally different. To appreciate the differences between arbitration, mediation, and conciliation, it is helpful to explain them separately. Arbitration Arbitration is an ADR methodRead MoreDispute Resolution and Court4044 Words   |  17 Pagesthe case were Y.K. Sabharwal, D.M. Dharmadhikari and Tarun Chatterjee. The subject is basically related to Constitution and is a case of civil nature. In the former case there were certain amendments made to Code of Civil Procedure, 1908 by the Amendment Acts of 1999 and 2002.The following amendments were made: (i) In Section 26(2) and Order 6 Rule 15(4) of Code of Civil Procedure, 1908 in this the affidavit filed under Section 26(2) and Order 6 Rule 15(4) would not be evidence for purpose of trialRead MoreWhat Is The Issues And Contributions In The Amendment Act?804 Words   |  4 PagesCertain other recommendations made in the LCR could have been expressly codified and included in the Amendment Act. For instance, the question of arbitrability of disputes relating to fraud. 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These issues are the sole prerogative of the federal courts and include the following types of cases: * Bankruptcy—The statutory procedure, usually triggered by insolvency, by which a person is relievedRead MoreCommon Law3659 Words   |  15 Pagessystem in the Marxist-socialist economies of Russia the republics of the former Soviet Union, Eastern Europe, China, and other Marxist-socialist states whose legal system centered on the economic, political, and social policies of the state. Arbitration A procedure used as an alternative to â€Å"litigation† in which parties in a dispute may select a disinterested party as referee to determine the merits of the case make a judgment that both judges agree to honor. Litigation The process in which

Blood Pressure, And Lipid Goals For Patients With Type II...

HgA1c, blood pressure, and lipid goals for patients with type II diabetes mellitus Type 2 diabetes, often referred to as noninsulin-dependent diabetes, is a chronic condition that is often brought on by an individual’s lifestyle. Such as obesity, poor eating habits and not exercising. With this condition the body either resist insulin effect or doesn’t produce enough insulin (Buttaro, Trybulski, Bailey, Sandberg-Cook, 2013). Even though there is no cure for this condition, it can be controlled with diet, exercise and weight management and oral medications. When a patient lives a sedentary lifestyle, does not exercise and have poor eating habits, often times oral medications is not enough to control their diabetes therefore insulin is added to the treatment regimen ( Buttaro el al., 2013). There are complications that can result when diabetes is out of control, these complications increases with having an elevated HgA1c, high blood pressure and elevated lipids. These complications include, heart and blood vessels diseases, neuropathy, nephropathy, eye damage, Alzheimer disease among other complications (Buttaro et al., 2013). According to the American Diabetes Association (ADA) (2014), diabetics A1C goals should be individualized based on the duration of their diabetes, age/life expectancy, and comorbid condition, known CVD or microvascular complications and hypoglycemia unawareness. These goals should be geared towards achieving an HgA1c below 7%, at or below thisShow MoreRelatedWhat Are The Hga1c, Blood Pressure, And Lipid Goals For Patients With Type II Diabetes Mellitus?839 Words   |  4 PagesWhat are the HgA1c, blood pressure, and lipid goals for patients with type II diabetes mellitus? 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This converted glucose needs to enter our cells so that it can be used for energy and growth. And in order for the glucose

Psychoanalytic In Frankenstein Essay Example For Students

Psychoanalytic In Frankenstein Essay Frankenstein The Question of Morality in the NovelMorality. It has been questioned by people, honored by people and revered since the beginning of time. Yet even today not one person can say what is morally right. It is a matter of opinion. It was Dr. Victor Frankensteins opinion that it was alright to create a monster. Frankensteins creation needed a companion. Knowing that his first creation was evil should the doctor make a second? With the knowledge at hand, to Dr. Frankenstein, it is not at all morally correct to bring another monster into the world. Looking at this probelm with his family in mind, the doctor begins his work on the second monster. The first monster threatened Frankenstein and even his family. The monster angrily said to Frankenstein, I can make you so wretched. (pg. 162) Trying to scare Frankenstein for not creating his mate the monster resorted to threats. If the good doctor does create a companion for his first creation he may be endangering others. The miserable monster whom I had created, (pg.152) says Victor upon looking back at his work. If there is another monster there will be twice the power and possibly twice the evil, which could hurt or kill his family. When and if Frankenstein commits the moral sin of creating another monster he may be rid of both monsters forever. With the companion you bestow I will quit the neighbourhood of man,(pg 142) promises the morally corrupt monster to the doctor upon the completion of his partner. When the doctor, if and when he, finished his first creations mate there is a chance that the monsters will not keep their promise and stay in Europe envoking fear into townfolk. The good doctor, trying to act morally, destroys the monster for the good of the world. The monsters can potentially take over whatever they please. A race of devils would be propegated,(pg. 163) thinks Frankenstein to himself in his study. The monsters, if powerful enough, could possibly take over Europe. Frankenstein realizes that he can not possibly doom the world to benefit himself. Shall I, in coold blood, set loose upon the earth a daemon..(pg. 162) argues Frankenstein with his creation. It is not morally right for one person to unleash such a terror on the world to benefit only himself and his family.Frankenstein will not let any example change his mind on the point that the monster is and will always be morally corupt. Continuing on his point that the monster was too evil to duplicate, Frankenstein says, Your threats cannot move me to do an act of wickedness; but they confirm me in determination of not creating you a companion in vice.( pg. 163)Frankenstein will not sacrific e his morallity because of persuation from a monster. Although beholding the threat of death and misery Frankenstein held his ground and did not sacrifice his moral. When and if Frankenstein creates another monster he can not feel as if he has done the morally right thing. From creating the monster Frankenstein will some how be making people other than himself unhappy. I consent to your demand, on your solem oath to quite Europe forever, and every other place in the neighbourhood of man,(pg. 143) says Frankenstein as he sees the power that the two could possibly possess. The good doctor sees that with his own hands he could possibly scar the world forever. The doctor wants, if anyone, himself to be unhappy instead of all of man kind. Begone! I do break my promise, (pg. 162) states the doctor angrily. Not thinking about himself but the world unselfishly breaks his promise to the monster. Possessing such a great mind the doctor is able to realize that a greater evil will be realesed upon the earth then upon himself. Your threats cannot move me to do an act of wickedness,(pg. 162) says the doctor as he argues his point with his creation. The docto r sees that a greater and more horrible result can come from him making the second monster than not. .ub37b38412bb5edfa5dbb641861531d92 , .ub37b38412bb5edfa5dbb641861531d92 .postImageUrl , .ub37b38412bb5edfa5dbb641861531d92 .centered-text-area { min-height: 80px; position: relative; } .ub37b38412bb5edfa5dbb641861531d92 , .ub37b38412bb5edfa5dbb641861531d92:hover , .ub37b38412bb5edfa5dbb641861531d92:visited , .ub37b38412bb5edfa5dbb641861531d92:active { border:0!important; } .ub37b38412bb5edfa5dbb641861531d92 .clearfix:after { content: ""; display: table; clear: both; } .ub37b38412bb5edfa5dbb641861531d92 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ub37b38412bb5edfa5dbb641861531d92:active , .ub37b38412bb5edfa5dbb641861531d92:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ub37b38412bb5edfa5dbb641861531d92 .centered-text-area { width: 100%; position: relative ; } .ub37b38412bb5edfa5dbb641861531d92 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ub37b38412bb5edfa5dbb641861531d92 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ub37b38412bb5edfa5dbb641861531d92 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ub37b38412bb5edfa5dbb641861531d92:hover .ctaButton { background-color: #34495E!important; } .ub37b38412bb5edfa5dbb641861531d92 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ub37b38412bb5edfa5dbb641861531d92 .ub37b38412bb5edfa5dbb641861531d92-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ub37b38412bb5edfa5dbb641861531d92:after { content: ""; display: block; clear: both; } READ: Diabetes Essay With the knowledge at hand, to Dr.Frankenstein, it is not at all morally correct to bring another monster into the world. On the one hand if the second monster was created Frankensteins family would be saved. By the same token the rest of the world could be forced to bow before two hideous monsters. The problem, making or not making the second monster, played heavily on Frankensteins mind, possibly caused his brief lapse into the realm of the insane.Even though Frankenstein began his work for the good of man his experiment ended up hurting himself and his family.

Cloudstreet Oriel and Dolly similar free essay sample

Tim Winton’s novel Cloudstreet presents two seemingly dissimilar families that are forced to live together in the same house. This piece of fiction contrasts many characters with diverse morals and behaviours, in particular the two mothers of the families, Dolly Pickles and Oriel Lamb. Beneath the surface, these women have more in common than they realise, especially when it concerns gaining power, suffering trauma, their partners, experiencing loss and their home. The characters Dolly and Oriel both display the need for power in their separate lives. Dolly and Oriel are alike in that they both crave power over people. Oriel is in charge of her entire family and controls them with discipline, while Dolly uses her body to gain power over men in her life. â€Å"Oriel Lamb mouthed off a lot about work and stickability until you felt like sticking a bloody bility right up her drawers. † Oriel has an excessive work ethic and pushes herself and her family to work for everything, so much so that Dolly complains about her constant display of ‘stickability’. Oriel’s controlling manner over her family and that she enforces labour upon them exhibits her need for dominance. Dolly shares this hunger for power and this is evident when her husband is in need of money due to a gambling issue and Lester offers to pay the debt. To guarantee the money and flaunt the control she has over people, she seduces Lester, who ordinarily would not have been unfaithful to his wife, â€Å"Dolly pulled her legs down off his shoulders with a wince. I spose not. More a deposit on a hundred quid. † This similarity of these characters may be due to the fact they have each experienced pain in their lives. Dolly and Oriel have each faced trauma in their pasts. These two mothers have very strong personalities in the novel and this may be due to the fact they both experienced suffering in their childhood. Oriel endures the pain of losing her family to a bushfire when she is six years old, this ordeal shapes her character and shows that she is someone that copes by staying resilient and moving forward, â€Å"Hell is when you’re dragged out past the black bones and belt buckles that are the others who never came down. † Dolly is also dealt hardship when she is young as she is treated horribly by her older sister, who ends up being her biological mother. She was lied to by her whole family and this affects Dolly’s character in that it leads to trust issues and a negative coping mechanism of alcoholism and promiscuity, â€Å"The second oldest sister, the one who made me feel like rubbish all my life, that one was my mother. † The way both of these women have been shaped by the trauma they each underwent influences how they perceive people. Each of these characters struggle with the personalities and habits of their partners. Oriel’s husband, Lester, has an inability to strive for anything, he procrastinates and would not do anything if it was not for Oriel, â€Å"she loved Lester, but a lot of loving him was making up for him, compensating. He was never quite up to anything. † Oriel grapples with Lester’s personality because he is so unalike her. Dolly shares the predicament of not harmonising with her husband, Sam. Dolly sees Sam as weak because of his lost hand and addiction to gambling, they also have different views about their children, â€Å"don’t you touch her, Dolly. Don’t you put a finger on her, or – or what, you weak mongrel? † Dolly refers to Sam as a weak mongrel, which is indication of the indifference she has to him. Through the course of the narrative, Dolly and Oriel share the loss of a son. Oriel’s son Fish nearly drowns in the beginning of the text, and because of this he suffers damage to his brain and from then on does not recognise his mother, â€Å"Mrs Lamb crying. Rose saw her fall against the gate, grabbing at Fish who didn’t move, who just looked across the road where no one was, straight as a board with his mother’s arms around him. † Oriel struggles with this as if it is a loss of her son, and in the conclusion of the novel Fish actually dies by drowning. Dolly shares this loss of a son with Oriel as she loses the child she loved most, Ted, after he dies from weight problems leading to a heart attack, â€Å"they killed my baby! Him, he was the one I loved †¦Ã¢â‚¬  It is impossible to say that these two characters have nothing in common when they have both lost a son that they love. In the end of the novel, the house on Cloudstreet is what brings these two supposedly opposite women together and shows the reader their connection. Oriel confronts Sam about the idea of selling the house on Cloudstreet and expresses her fondness for the property, to which Dolly says, â€Å"She’s right. Yer right. She muttered, unable to look Oriel in the eye. The bloody place has got to us. † Dolly and Oriel have an aversion to each other throughout the novel because they seem so opposed, but in the conclusion of the novel they surrender to their differences, which in actuality are their resemblances, â€Å"The little boxy woman and the big blowsy woman folded end to end till the tent was a parcel that they hefted to their shoulders across the greensmelling grass, and then they went inside the big old house †¦Ã¢â‚¬  Dolly and Oriel come together and them packing up Oriel’s tent for her to move back in symbolises that they finally belong together in the house. In conclusion, it is distinct that Dolly Pickles and Oriel Lamb share a lot of similarities and it would be hopeless to argue otherwise. Throughout this novel these two characters experience twenty years of their lives in the same house and the reader learns their idiosyncrasies and personalities thoroughly, and with that the reader discovers that even though they are contrasting characters in many ways, they are more connected than they are aware of.