Lafarge Africa PLC (WAPCO.ng) listed on the Nigerian Stock Exchange under the Building & Associated sector has released it’s 2014 interim results for the third quarter.For more information about Lafarge Africa PLC (WAPCO.ng) reports, abridged reports, interim earnings results and earnings presentations, visit the Lafarge Africa PLC (WAPCO.ng) company page on AfricanFinancials.Document: Lafarge Africa PLC (WAPCO.ng) 2014 interim results for the third quarter.Company ProfileLafarge Africa Plc is a cement manufacturing company in Nigeria offering high quality concrete and aggregates for the home building and construction sectors. The company is one of the oldest cement manufacturing companies in Nigeria and is a member of the LafargeHolcim Group, the largest building and concrete solutions company in the world. It also diversified interests in manufacturing paint, repairing electric motors, transport services and Kraft bag production. Lafarge Africa Plc has plants in Ewekoro and Sagamu in the South West district; Mfamosing in the South-South district; and Ashaka in the North East district of Nigeria. The company has installed cement production capacity of 10.5MTPA and has plans to increase its production capacity. Its product range includes cement, aggregates, ready-mix concrete and pulverized fly ash. Cement solutions are marketed under the brand names Elephant, Ashaka, Supaset, PowerMax and Unicem. The company’s head office is in Lagos, Nigeria. Lafarge Cement WAPCO Nigeria Plc is listed on the Nigerian Stock Exchange read more
Voice of Vunipola: what does Mako’s team-mate Owen Farrell say he’s fibbing about in this video?DYLAN HARTLEY and Joe Launchbury dissect the scrum in the run up to England v France at Twickenham. But what else have the England squad been up to in camp? In this week’s video, Ben Youngs takes us to breakfast, plus we go behind the scenes Owen Farrell and Mako Vunipola, and meet England’s kit man… LATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALS
Assistant/Associate Rector Washington, DC Posted Aug 24, 2018 Rector Smithfield, NC Anglican Communion Comments are closed. Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT Comments (1) Curate (Associate & Priest-in-Charge) Traverse City, MI Associate Priest for Pastoral Care New York, NY Rector/Priest in Charge (PT) Lisbon, ME Bishops of Iowa, Swaziland to attend consecration in Scotland Rector Pittsburgh, PA Priest Associate or Director of Adult Ministries Greenville, SC Rector Martinsville, VA Associate Rector for Family Ministries Anchorage, AK Rector Belleville, IL An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest Rector Shreveport, LA Featured Jobs & Calls Canon for Family Ministry Jackson, MS TryTank Experimental Lab and York St. John University of England Launch Survey to Study the Impact of Covid-19 on the Episcopal Church TryTank Experimental Lab Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem [Anglican Communion News Service] Bishop Alan Scarfe of Iowa and Bishop Ellinah Wamukoya of Swaziland will be taking part in the consecration Aug. 25 of the Very Rev. Andrew Swift as new bishop of Brechin of the Scottish Episcopal Church. The service will take place at St. Paul’s Cathedral in Dundee and will be presided over by Scottish Episcopal Church Primus Mark Strange. The dioceses of Iowa, Swaziland and Brechin have shared a three-way companion link for the past 30 years.Read the full article here. Submit a Job Listing Rector Bath, NC Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET Episcopal Charities of the Diocese of New York Hires Reverend Kevin W. VanHook, II as Executive Director Episcopal Charities of the Diocese of New York The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group Rector (FT or PT) Indian River, MI Director of Administration & Finance Atlanta, GA Course Director Jerusalem, Israel Featured Events Submit an Event Listing Rector Tampa, FL In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 Pamela Forbes says: Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET Bishop Diocesan Springfield, IL Family Ministry Coordinator Baton Rouge, LA Rector Collierville, TN New Berrigan Book With Episcopal Roots Cascade Books This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 Rector Washington, DC AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis Curate Diocese of Nebraska Priest-in-Charge Lebanon, OH Rector Hopkinsville, KY Assistant/Associate Priest Scottsdale, AZ Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET Rector Albany, NY Assistant/Associate Rector Morristown, NJ Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 Submit a Press Release Associate Rector Columbus, GA Rector and Chaplain Eugene, OR Director of Music Morristown, NJ Rector Knoxville, TN Cathedral Dean Boise, ID Tags Missioner for Disaster Resilience Sacramento, CA August 28, 2018 at 7:16 pm Let the whole wide earth rejoice! Alleluia! Youth Minister Lorton, VA The Church Investment Group Commends the Taskforce on the Theology of Money on its report, The Theology of Money and Investing as Doing Theology Church Investment Group Press Release Service read more
Save this picture!© Courtesy of CHIASMUS+ 8 Share ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/639198/diesel-engine-factory-chiasmus Clipboard Area: 500000 m² Year Completion year of this architecture project Year: China Year: CopyApartments, Office Buildings, Adaptive Reuse•Changchun, China CopyAbout this officeCHIASMUSOfficeFollowProductsSteelConcreteBrick#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousingApartmentsOfficesOffice buildingsRefurbishmentAdaptive reuseChangchunOfficesHousingRefurbishmentResidentialOffice BuildingsChinaPublished on June 07, 2015Cite: “Diesel Engine Factory / CHIASMUS” 07 Jun 2015. ArchDaily. Accessed 11 Jun 2021.
CopyAbout this officeAKITO MACHI architectsOfficeFollow#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesJapanPublished on August 07, 2019Cite: “House of Kando / AKITO MACHI architects” 06 Aug 2019. ArchDaily. Accessed 11 Jun 2021.
By Kali Akuno Read the entire article on the “Black Left Unity Network” blog at tinyurl.com/ovyytvsSince the rebellion in Ferguson, Mo., in August 2014, Black people throughout the United States have been grappling with a number of critical questions, such as why are Black people being hunted and killed every 28 hours or more by various operatives of the law? Why don’t Black people seem to matter to this society? And what can and must we do to end these attacks and liberate ourselves? There are concrete answers to these questions. Answers that are firmly grounded in the capitalist dynamics that structure the brutal European settler-colonial project we live in and how Afrikan people have historically been positioned within it.The value of Black life There was a time in the United States Empire when Afrikan people, aka, Black people, were deemed to be extremely valuable to the “American project,” when our lives as it is said, “mattered.” This “time” was the era of chattel slavery, when the labor provided by Afrikan people was indispensable to the settler-colonial enterprise, accounting for nearly half of the commodified value produced within its holdings and exchanged in “domestic” and international markets. Our ancestors were held and regarded as prize horses or bulls, something to be treated with a degree of “care” (i.e., enough to ensure that they were able to work and reproduce their labor, and produce value for their enslavers) because of their centrality to the processes of material production.What mattered was Black labor power and how it could be harnessed and controlled, not Afrikan humanity. Afrikan humanity did not matter — it had to be denied in order to create and sustain the social rationale and systemic dynamics that allowed for the commodification of human beings. These “dynamics” included armed militias and slave patrols, iron-clad nonexception social clauses like the “one-drop” rule, the slave codes, vagrancy laws, and a complex mix of laws and social customs all aimed at oppressing, controlling, and scientifically exploiting Black life and labor to the maximum degree. This systemic need served the variants of white supremacy, colonial subjugation and imperialism that capitalism built to govern social relations in the U.S. All of the fundamental systems created to control Afrikan life and labor between the 17th and 19th centuries are still in operation today, despite a few surface moderations, and serve the same basic functions.The correlation between capital accumulation (earning a profit) and the value of Black life to the overall system has remained consistent throughout the history of the U.S. settler-colonial project, despite shifts in production regimes (from agricultural, to industrial, to service and finance oriented) and how Black labor was deployed. The more value (profits) Black labor produces, the more Black lives are valued. The less value (profits) Black people produce, the less Black lives are valued. When Black lives are valued, they are secured enough to allow for their reproduction (at the very least). When they are not, they can be and have been readily discarded and disposed of. This is the basic equation and the basic social dynamic regarding the value of Black life to U.S. society.The age of disposabilityWe are living and struggling through a transformative era of the global capitalist system. Over the past 40 years, the expansionary dynamics of the system have produced a truly coordinated system of resource acquisition and controls, easily exploitable and cheap labor, production, marketing and consumption on a global scale. The increasingly automated and computerized dynamics of this expansion have resulted in millions, if not billions, of people being displaced through two broad processes: one, from “traditional” methods of life sustaining production (mainly farming), and the other from their “traditional” or ancestral homelands and regions (with people being forced to move to large cities and “foreign” territories in order to survive). As the International Labor Organization recently reported in its “World Employment and Social Outlook 2015” paper, this displacement renders millions to structurally regulated surplus or expendable statuses.Capitalist logic does not allow for surplus populations to be sustained for long. They either have to be reabsorbed into the value producing mechanisms of the system, or disposed of. Events over the past 20 (or more) years, such as the forced separation of Yugoslavia, the genocide in Burundi and Rwanda, the never ending civil and international wars in Zaire/Congo and the central Afrikan region, the mass displacement of farmers in Mexico all clearly indicate that the system does not possess the current capacity to absorb the surplus populations and maintain its equilibrium.The dominant actors in the global economy — multinational corporations, the transnationalist capitalist class and state managers — are in crisis mode trying to figure out how to best manage this massive surplus in a politically justifiable (but expedient) manner.This incapacity to manage crises caused by capitalism itself is witnessed by numerous examples of haphazard intervention at managing the rapidly expanding number of displaced peoples such as:* The ongoing global food crisis (which started in the mid-2000s), where millions are unable to afford basic foodstuffs because of rising prices and climate induced production shortages;* The corporate driven displacement of hundreds of millions of farmers and workers in the Global South (particularly in Africa and parts of Southeast Asia);* Military responses (including the building of fortified walls and blockades) to the massive migrant crises confronting the governments of the U.S., Western Europe, Australia, Malaysia, Indonesia, Singapore, etc.;*The corporate driven attempt to confront climate change almost exclusively by market (commodity) mechanisms;*The scramble for domination of resources and labor, and the escalating number of imperialist facilitated armed conflicts and attempts at regime change in Africa, Asia (including Central Asia) and Eastern Europe.The capitalist system is demonstrating, day by day, that it no longer possesses the managerial capacity to absorb newly dislocated and displaced populations into the international working class (proletariat), and it is becoming harder and harder for the international ruling class to sustain the provision of material benefits that have traditionally been awarded to the most loyal subjects of capitalism’s global empire, namely the “native” working classes in Western Europe and settlers in projects like the U.S., Canada and Australia.When the capitalist system can’t expand and absorb, it must preserve itself by shifting towards “correction and contraction” — excluding and if necessary disposing of all the surpluses that cannot be absorbed or consumed at a profit. We are now clearly in an era of correction and contraction that will have genocidal consequences for the surplus populations of the world if left unaddressed.This dynamic brings us back to the U.S. and the crisis of jobs, mass incarceration and the escalating number of extrajudicial police killings confronting Black people.Return to the sourceThe intersecting, oppressive systems of capitalism, colonialism, imperialism and white supremacy have consistently tried to reduce Afrikan people to objects, tools, chattel and cheap labor. Despite the systemic impositions and constraints these systems have tried to impose, Afrikan people never lost sight of their humanity, never lost sight of their own value and never conceded defeat.In the age of mounting human surplus, and the devaluation and disposal of life, Afrikan people are going to have to call on the strengths of our ancestors and the lessons learned in over 500 years of struggle against the systems of oppression and exploitation that beset them. Building a self-determining future based on self-respect, self-reliance, social solidarity, cooperative development and internationalism is a way forward that offers us the chance to survive and thrive in the 21st century and beyond.Kali Akuno is the producer of “An American Nightmare: Black Labor and Liberation,” a joint documentary project of Deep Dish TV and Cooperation Jackson. He is the co-founder and co-director of Cooperation Jackson, and a co-writer of “Operation Ghetto Storm,” better known as the “Every 28 Hours” report. Kali can be reached at [email protected] or on Twitter @KaliAkuno. FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this read more
News News Organisation Two journalists murdered just days apart in Venezuela A reporter for various German media outlets including the ultra-conservative and nationalist publications Junge Freiheit and Deutschland Magazin, the 32-year-old Six is facing the possibility of up to 28 years in prison on the three charges, which have been brought before a military court.So far, the Venezuelan authorities have not produced any evidence to support these accusations and have not issued any statement about the case.According to the NGO Espacio Público, Six was arrested by Venezuelan military counter-intelligence in the northwestern state of Falcón on 17 November after entering Venezuela across the Colombian border, and was then transferred, without an arrest warrant, to the military detention centre known as El Hélicoïde at the headquarters of the Bolivarian National Intelligence Service (SEBIN).Only his parents have been able to talk to him directly since his arrest. The security forces have forbidden any other contact with the outside world, including the German embassy and a lawyer. “The way Billy Six is being treated is shocking and disgraceful,” said Emmanuel Colombié, the head of RSF’s Latin America bureau. “The Venezuelan authorities must immediately publish the charges against this journalist and release him, so that he can prepare his defence.”Colombié added: “It is also inconceivable that a civilian should be subjected to a military prosecution in Venezuela. This is a grave violation of both Venezuela’s own laws and its international obligations. A journalist has no place being tried before a military court.”Six’s family told RSF that it is the photos he took at the independence day military parades in Caracas on 5 July 2017 and 2018, and at a campaign meeting by President Maduro in May 2018 that are being used as grounds for the charges of spying and “violating security zones.” And a meeting he had with members of the former Colombian guerrilla group, the FARC, is being used as grounds for the rebellion charge.The German consulate has managed to provide Six with assistance but has so far refused to comment publicly on the case.To dispute the credibility of national and international criticism of his government, President Maduro often claims that he is the target of a “media war,” thereby fuelling a climate of extreme tension for journalists in Venezuela, especially since the start of the political and economic crisis in 2016. Foreign journalists are often arrested and deported.Venezuela is ranked 143rd out of 180 countries in RSF’s 2018 World Press Freedom Index. January 13, 2021 Find out more VenezuelaAmericas Condemning abusesProtecting journalists ImprisonedFreedom of expression August 25, 2020 Find out more Help by sharing this information Follow the news on Venezuela VenezuelaAmericas Condemning abusesProtecting journalists ImprisonedFreedom of expression Coronavirus “information heroes” – journalism that saves lives December 11, 2018 – Updated on December 12, 2018 German journalist held in Venezuela facing 28 years in prison on spying charges New wave of censorship targeting critical media outlets Receive email alerts RSF_en News Reporters Without Borders (RSF) calls for the immediate release of Billy Six, a German freelance journalist who has been held in Caracas since 17 November on charges of spying, rebellion and “violating security zones,” and who is not being allowed contact with anyone in the outside world except his parents. June 15, 2020 Find out more to go further News read more
ColumnsPlease (Don’t) Be Seated: A Critique Of BGS Soma Nikhil Rohatgi25 May 2020 5:03 AMShare This – xPremise: The author contends that BALCO’s finding on the seat courts having jurisdiction even if they wouldn’t have had jurisdiction under section 16-20 CPC (i.e. “neutral venue”), is itself erroneous. However, Para 96 of BALCO does not say that ONLY the seat court would have jurisdiction; it says that both, the “neutral venue”/seat court AND courts under section 16-20 CPC would…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginPremise: The author contends that BALCO’s finding on the seat courts having jurisdiction even if they wouldn’t have had jurisdiction under section 16-20 CPC (i.e. “neutral venue”), is itself erroneous. However, Para 96 of BALCO does not say that ONLY the seat court would have jurisdiction; it says that both, the “neutral venue”/seat court AND courts under section 16-20 CPC would have jurisdiction. This continues to be the binding position of law. The major error committed in BGS Soma is misinterpretation of Para 96 of BALCO to say that ONLY the seat court would have jurisdiction and therefore not following BALCO which is binding and holds the field. Introduction: The Arbitration and Conciliation Act, 1996 (“the 1996 Act”) was enacted in order to meet the challenges of the time, fix lacunae in The Arbitration Act, 1940 (“the 1940 Act”) and promote India as a commercial destination. The Preamble of the 1996 Act notes that the UNCITRAL published a Model Law on International Commercial Arbitration in 1985 and the UN recommended that all member countries should attempt to bring their national laws in line with the same as far as possible. It is important to note that India did not adopt the Model Law wholesale, but merely took the same into account, as mentioned in various judgments. Therefore, one cannot assume that all the principles of the Model Law are applicable in Indian law. “Court”, “Seat” and BALCO: The definition of “court” under Section 2(1)(c) of the 1940 Act at its heart, was substantially the same as the present definition under Section 2(1)(e) of the1996 Act. Apart from the first line identifying the kind of court, both contain similar words: while the 1996 Act says “… having jurisdiction to decide the questions forming subject-matter of the arbitration if the same had been subject matter of a suit…”, the 1940 Act says “having jurisdiction to decide the questions forming subject-matter of a suit”. In 1971, the Supreme Court in Hakam Singh v. Gammon India  held in a case under the 1940 Act, that even by consent, parties could not confer jurisdiction on a place that otherwise would not have had it under Section 16-20 of the Code of Civil Procedure 1908 (“CPC”). This was followed in ABC Laminart v. A.P. Agencies, Salem and has been settled law ever since. The reason for this of course is that the definition of “court” in the 1940 Act clearly gave jurisdiction akin to that for a civil suit, i.e. based on subject matter. A 3- Judge bench of the Supreme Court in Bhatia International v. Bulk Trading S.A. held that Part I of the 1996 Act is applicable to international commercial arbitrations held in India and also those outside India. This was reversed by a 5-Judge bench in Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc. (“BALCO”) which said that Part I will apply only to arbitrations seated in India. The concept of seat vs venue was also explained in terms of Section 20 of the 1996 Act. This judgment has been followed and interpreted in numerous judgments since then and holds the field even today. Significantly, BALCO (supra) was the first judgment to authoritatively say at Para 96 that even if the parties by agreement had chosen a “neutral venue” as the seat of the arbitration, the courts of the seat would have jurisdiction. The same was more clearly stated later in Indus Mobile Distribution Private Limited v. Datawind Innovations Private Limited. Before analysing what else the problematic Para 96 really said or meant, it’s important to note that even this was a departure from the settled law which created a new principle applicable specially to arbitrations, on the ground that else Section 20 of the 1996 Act, which allows party autonomy, would become redundant. In the opinion of the author it would not, since Section 20 would still allow parties to seat the arbitration wherever they wish, just that the mere fact of a place being the seat would not convert it from being a “neutral venue” to a place whose courts would have jurisdiction. In the opinion of the author, though this would be correct for arbitrations seated outside India, there was no warrant in law for reaching this conclusion with regard to arbitrations held in India. This is because a supervisory “court” could only be as defined in Section 2(1)(e) of the 1996 Act, which necessarily brings in Sections 16-20 of the CPC since for the purpose of identifying this “court”, one has to treat the “subject matter of the arbitration” as if it were “subject matter of a suit”. In the humble opinion of the author, this finding needs to be re-examined by a bench of 7 Hon’ble Supreme Court judges. The Judgment in BGS Soma: BGS SGS Soma JV vs NHPC Ltd.  (“Soma”) was decided by a 3 Judge bench of the Supreme Court which was bound by the 5-judge bench’s decision in BALCO as it stands. Soma was a case of a purely domestic arbitration dispute where both parties were Indian and the seat designated by the agreement was “New Delhi/Faridabad”. A summary of what Soma holds is: i. Maintainability of the appeal under section 37 of the 1996 Act (Para 13-16): Not relevant for this article.ii. (Para 40-46) That a reading of BALCO shows that designation of a seat by parties or by the tribunal, amounts to an exclusive jurisdiction clause and that BALCO applies the concept of seat as laid down by English judgments, by interpreting “court” to include courts of the seat. Affirms Indus Mobile which said the same thing. It notes the apparent contradiction in Para 96 of BALCO (discussed in detail below).iii. In para 51-52, it cites the 2015 amendment to the definition of “court”, by which it was specified that in case of international commercial arbitrations, only the concerned High Court would have jurisdiction. It says that this is a step in the right direction, since otherwise one could have a situation where parties have chosen New Delhi as the seat but due to concurrent jurisdiction a district court in the remote Uttarakhand hills could also have jurisdiction, thereby destroying party autonomy. It is submitted that this para really indicates the laudable reasons for the court erroneously holding as it did- i.e. to promote party autonomy, certainty and therefore, commerce. iv. In all the cases referred throughout Soma as well as in BALCO, the “Shashoua principle” has been accepted and applied. The Shashoua principle is twofold- firstly that when there is an agreement as to the seat of arbitration, it brings in the curial law of that country as the law governing the arbitration and amounts to an exclusive jurisdiction clause for courts of that country, and secondly that even a clause providing for a venue or for arbitration to be “held” in London, combined with the choice of a supranational body of rules (ICC, Paris) amounted to designation of a juridical seat.v. It overruled the Delhi High Court’s Division Bench judgment in Antrix Corporation Ltd. v. Devas Multimedia Pvt. Ltd. (“Antrix”) on various points, including on Section 42 of the 1996 Act (discussed below). vi. UOI vs Hardy Exploration has been wrongly decided as it doesn’t follow the Shashoua principle, which has been upheld by the constitution bench in BALCO. Analysis of the reasoning in Soma Misplaced reliance on judgments: Soma relies on numerous Indian as well as English judgments on the subject of deciding the seat, seat versus venue and also the question of which country’s courts would have supervisory jurisdiction. Every single one of the English Judgments referred to in Soma, without exception, are those in which the contest is between courts of country A versus those of country B. Not even a single English case deals with a domestic dispute, one where the contest is between two places in the same country. Therefore, reliance on those English judgments, it is respectfully submitted, was factually misplaced. This is quite apart from the fact that Indian law is not at all the same as English law or the UNCITRAL rules. Furthermore, except for Indus Mobile (supra), all the Indian judgments discussed by Soma (supra), were also those in which the contest is between courts of one country versus those of another country. It is submitted that the judgments relied upon and reasoning given by the bench in Indus Mobile (supra) are exactly the same as that of Soma (supra) and for that reason it is respectfully submitted that in the opinion of the author, even Indus Mobile (supra) has been incorrectly decided. Erroneous interpretation of Para 96 of BALCO: BALCO (and all the subsequent judgments), was a case of international commercial arbitration where the clause provided for arbitration “wholly in London”. The heart of the case was the interpretation of Section 2(2) of the 1996 Act and the omission of the word “only” from it, when compared to Article 1(2) of the UNCITRAL Model Law. Appreciating this is crucial and it is why the Court ultimately held that the said omission would make no difference and that Part I would apply only to arbitrations seated in India. Therefore, the entire discussion and ratio in BALCO (including and particularly Para 96) as well as all the other judgments relied upon in Soma, should be looked at in the light of what they were considering, viz. a contest between supervisory jurisdiction of courts of the country of the seat versus those of the subject-matter country. It should not be taken as applicable to a purely domestic arbitration where the location of the seat as well as the subject-matter/cause of action are both Indian. Now for Para 96 of BALCO (supra) itself. At placitum ‘b’ of the SCC report it is stated that “in our view, the legislature has intentionally given jurisdiction to two courts, i.e. the court which would have jurisdiction where the cause of action is located and the courts where the arbitration takes place”. Even the final sentence says that both courts would have jurisdiction. However, the confusion arises when it also says in the example and the penultimate sentence, that if the seat is Delhi and Delhi is a neutral place, then “… appeal against such an interim order under Section 37 must lie to the courts at Delhi…”. This has been interpreted in Indus Mobile, Soma and subsequent judgments to mean that only Delhi courts or courts of the seat can entertain a Section 37 appeal against an order passed under section 17. In the respectful opinion of the author, this is an incorrect interpretation, as what Para 96 really says, is that the appeal under Section 37 “must lie” i.e. the appeal “does lie” or “also lies” to Delhi courts as well as Mumbai and Kolkata – not that it lies to Delhi courts exclusively. It is respectfully submitted that only if this interpretation is taken, does the wholistic reading of para 96 make sense and is consistent. The interpretation in Soma (supra) and Indus Mobile (supra) leads to the incongruous result that subject-matter courts, which have expressly been given jurisdiction as per the definition of “Court”, would be denuded of it. It amounts to a complete judicial reversal of what the Legislature expressly provides for Indian seated arbitrations in the 1996 Act in 2 stages. First, by BALCO ALSO allowing neutral (seat) courts to exercise jurisdiction de hors Section 16-20, CPC and second, Soma going a step further and saying that ONLY the seat courts will have jurisdiction. This is done by relying on purposive interpretation when the literal interpretation is clear and by relying on judgments decided by foreign courts in a different, non-domestic context. Curious interpretation of Section 42: Antrix at Para 59 said that if only seat courts are held to have jurisdiction, it would make Section 42 otiose. Soma at Para 62 says this is incorrect (discussed below). It says that obviously, any application under Part I (Section 9, 11, 34 etc) has to only be made to a court that has jurisdiction, which can only be the seat court and as per Section 42, all subsequent applications must be made in that court only. Further, in a situation where no seat is indicated in the agreement and before the Tribunal decides a seat under Section 20(2), a party can file an application under Section 9 or 11 in any jurisdictional court. All subsequent applications then can only be filed in that court as per section 42- for both these reasons, Section 42 is not redundant. The author submits that firstly the plain wording of Section 42 of the 1996 Act does not remotely lend itself to such an interpretation. Secondly, it would mean that only the court of first filing would have jurisdiction for all time, thereby making any determination of seat otiose. It clearly goes against the theory of primacy of the seat and the seat court having exclusive jurisdiction, that by mere strategy of a cunning party, the seat courts can be completely avoided. Therefore, it is humbly submitted that neither this reasoning nor the interpretation that leads to it is correct and breaks down when logically tested. The conclusion in Soma: Lastly, Soma (supra) concluded at para 99-101 on its facts, that applying the Shashoua principle, either Delhi or Faridabad can be the seat- whether the dispute is of NHPC with an Indian contractor or a foreign contractor. Even the other language suggests that New Delhi/Faridabad is not merely the venue but is the seat. It further held that, however, since proceedings were finally held at New Delhi and the award was signed at Delhi, it shows that the parties had agreed that New Delhi would be the seat under section 20(1). Therefore, even though a part of cause of action may have arisen at Faridabad, it will not have jurisdiction once the seat has been determined. It is respectfully submitted that this finding is incorrect as the same is clearly contrary to Videocon Industries Limited v. UOI , on which Soma itself relies and which holds that the seat once fixed cannot be changed except by writing signed by the parties. It’s only the venue that changes. Therefore, simply holding sittings at Delhi should not change the seat if it was actually Faridabad, or if both can be the seat then both should remain the seat. Furthermore, between the two places, some cause of action had arisen at Faridabad since the Agreement was signed at Faridabad and notices were sent by Petitioner to the Respondent’s registered office at Faridabad. The only thing that happened at Delhi was the holding of arbitral hearing and the award. Conclusion No exception can be taken to the judgment in Soma in so far as its application of the Shashoua principle to foreign seated arbitrations goes, or to its finding of Hardy Exploration (supra) to be contrary to the same principle as approved in BALCO. The reasoning and interpretation in Soma is no doubt well-intentioned but unfortunately, and with great respect it is submitted that the judgment states the law as it SHOULD be and not what the law actually IS with respect to an Indian seated arbitration. Views Are Personal Only.  (1971) 1 SCC 286  (1989) 2 SCC 163  (2002) 4 SCC 105  (2012) 9 SCC 552  (2017) 7 SCC 678  2019 SCC OnLine SC 1585  2018 SCC OnLine Del 9338  (2019) 13 SCC 472  (2011) 6 SCC 161 Next Story read more
News UpdatesAllahabad High Court Issues Notice To UP Govt On Pleas Challenging Love Jihad Ordinance; Posted For Hearing On Jan 7 Akshita Saxena17 Dec 2020 10:49 PMShare This – xThe Bench refused to grant any interim relief in the form of stay order.The Allahabad High Court on Friday issued notices on a batch of PILs challenging the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020- promulgated by the UP Governor in November this year, to prohibit religious conversions in the name of ‘love jihad’.A Bench comprising of Chief Justice Govind Mathur and Justice Piyush Agrawal has asked the UP Government to file…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Allahabad High Court on Friday issued notices on a batch of PILs challenging the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020- promulgated by the UP Governor in November this year, to prohibit religious conversions in the name of ‘love jihad’.A Bench comprising of Chief Justice Govind Mathur and Justice Piyush Agrawal has asked the UP Government to file a counter affidavit by January 4 and has fixed the case for hearing on January 7, 2020. Liberty is granted to the Petitioners to file rejoinder affidavit by January 6.The Bench however refused to grant any interim relief in the form of stay order. The primary contention raised by the Petitioners is that the ordinance impinges upon their fundamental right to choice and the right to change of faith. Inter alia, the Ordinance is said to be violative of citizens’ rights under Article 14 (Right to Equality), 15 (Prohibition of discrimination on grounds of religion, etc.), 21 (Right to life) and 25 (Freedom of conscience, etc.) of the Constitution, and antithetical to the authoritative pronouncement of a Division Bench of the High Court in the Salamat Ansari case. “Right To Choose A Partner Of Choice A Fundamental Right”: Allahabad High Court Says The Judgments Which Held “Conversion For The Purpose Of Marriage Only” Not Good Law The writ petitioners had also submitted that there was no emergent ground to exercise the ordinance making power under Article 213 of the Constitution and that the State failed to show any unforeseen or urgent situation to justify the law. The writ petitioners include (i) Advocate Saurabh Kumar, represented by Advocates Devesh Saxena, Shashwat Anand and Vishesh Rajvanshi; and (ii) Ajit Singh Yadav, represented by Advocate Ramesh Kumar. Additional Advocate General Manish Goyal appeared for State.Click Here To Download OrderRead OrderNext Story read more
Loganair’s new Derry – Liverpool air service takes off from CODA Facebook Twitter Google+ WhatsApp Previous article60 Covid cases in Donegal, five more deaths nationallyNext articleJanuary 22′ could see official designation of Technological University News Highland Appeal over missing Derry man News, Sport and Obituaries on Monday May 24th Pinterest Twitter Facebook RELATED ARTICLESMORE FROM AUTHOR Google+ WhatsApp By News Highland – October 8, 2020 DL Debate – 24/05/21 Homepage BannerNews Police in Derry and Strabane are seeking the public’s assistance in locating a man missing since the weekend.John Hill was last seen at his home on Sunday evening at around 6pm.Anyone with any information regarding his whereabouts is asked to contact Police on 101. Important message for people attending LUH’s INR clinic Nine til Noon Show – Listen back to Monday’s Programme Arranmore progress and potential flagged as population grows Pinterest read more
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