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AN INSPECTION OF LEGAL DILEMMA IN ARBITRATION PROCEEDINGS AND INSOLVENCY PROCEEDINGS 仲裁程序和破产程序中的法律困境考察
Pub Date : 2023-03-30 DOI: 10.59126/v2i3a2
Shashwat Pratyush
Arbitration proceedings are intended to resolve the dispute between contractual parties according to the contract by which parties bind and govern by the mutually decided laws. Arbitration and Conciliation Act 1996 derived its source from UNICTRAL model law on International Commercial Arbitration in 1985. Whereas, the Insolvency proceedings are right in rem means that it can adjudicate the claim of people. The Insolvency & Bankruptcy Code 2016(IBC) enacted after repealing Act i.e., Sick Industrial Companies Act (SICA) which is a paradigm shift from debtor centric to creditor centric. It is pertinent to discuss that whether the conflict between Insolvency proceedings and Arbitration proceedings runs simultaneously or not? In India, Law is not clear in this regard so it can be resolved by two folded arguments, first, that the moratorium issued under Section 14 of IBC bars the jurisdiction of the Arbitration Tribunal. Secondly, that the law IBC has overriding effect over the law which governs the arbitration proceeding. The law is not clear about the status of both the proceedings run simultaneously. It is a well settled law that as soon as the moratorium order has been passed by the tribunal then all the legal proceeding has been stayed till the disposal of the moratorium order pending against the corporate debtor.
仲裁程序的目的是解决合同双方之间的争议,根据合同双方受共同决定的法律约束和管辖。1996年《仲裁和调解法》源自1985年《中央贸易法委员会国际商事仲裁示范法》。而破产程序的对物权利意味着它可以对人的债权进行裁决。《2016年破产和破产法》(IBC)是在废除《病态工业公司法》(SICA)后颁布的,这是一个从以债务人为中心到以债权人为中心的范式转变。破产程序与仲裁程序的冲突是否同时发生,这是一个切题的讨论。在印度,法律在这方面不明确,因此可以通过两个折叠的论点来解决,首先,根据IBC第14条发布的暂停令禁止了仲裁庭的管辖权。第二,IBC法对仲裁程序适用的法律具有压倒一切的效力。法律没有明确规定这两种诉讼程序是否同时进行。一旦法庭通过暂停令,那么所有的法律程序就会被搁置,直到对公司债务人的暂停令被处理为止,这是一项很好的法律。
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引用次数: 0
NAVIGATING CORPORATE INSOLVENCY: THE CRITICAL ROLE OF RESOLUTION PROFESSIONALS IN PROTECTING CREDIT 导航公司破产:解决专业人员在保护信贷中的关键作用
Pub Date : 2023-03-30 DOI: 10.59126/v2i3a8
Dhruv Garg
This research paper examines the critical role of resolution professionals in protecting creditor interests during corporate insolvency proceedings. The study analyses the legal framework and evaluates the effectiveness of resolution professionals in safeguarding the rights of creditors. The research highlights the challenges faced by resolution professionals and the strategies adopted by them to overcome these challenges. The paper also explores the ethical and professional responsibilities of resolution professionals and their impact on the resolution process. The findings suggest that the success of corporate insolvency proceedings largely depends on the competence and integrity of resolution professionals. The study concludes by providing recommendations for enhancing the role of resolution professionals in protecting creditor interests and improving the overall efficiency of the corporate insolvency framework.
本研究报告探讨了在公司破产程序中,解决方案专业人员在保护债权人利益方面的关键作用。本研究分析了法律框架,并评估了决议专业人员在维护债权人权利方面的有效性。本研究强调了解决方案专业人员所面临的挑战以及他们为克服这些挑战所采取的策略。本文还探讨了决议专业人员的道德和专业责任及其对决议过程的影响。研究结果表明,公司破产程序的成功在很大程度上取决于破产解决专业人员的能力和诚信。研究最后提出了建议,以加强清算专业人员在保护债权人利益和提高公司破产框架的整体效率方面的作用。
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引用次数: 0
THE INDEPENDENCE AND IMPARTIALITY OF ARBITRATORS IN ARBITRATION 仲裁员在仲裁中的独立性和公正性
Pub Date : 2023-03-30 DOI: 10.59126/v2i3a12
Indu Tarmali
The arbitration procedure depends heavily on the arbitrators' impartiality and independence. Arbitration is a good substitute for conventional litigation because arbitrators must be free from any direct or indirect influence that can compromise their capacity to deliver an impartial verdict. The goal of this research is to support a just and efficient conflict resolution process by ensuring the independence and impartiality, which is an essential principle of arbitration. If an arbitrator's decision-making is seen as biased or unfair owing to a lack of independence or impartiality on their side, the legitimacy of the arbitration verdict may be called into doubt. This violates the goal of arbitration as an effective and affordable substitute for litigation and may result in higher expenses, delays, or even the necessity for the parties to seek conventional litigation to settle their dispute. A doctrinal research design with an analytical approach has been adopted to focus on one of the main challenges in arbitration: its essentiality in maintaining the integrity and legitimacy of the arbitration process as well as ensuring that the final arbitral award is fair and just.
仲裁程序在很大程度上取决于仲裁员的公正性和独立性。仲裁是传统诉讼的良好替代品,因为仲裁员必须不受任何可能损害其作出公正裁决能力的直接或间接影响。本研究的目的是通过确保仲裁的独立性和公正性来支持公正有效的冲突解决过程,这是仲裁的基本原则。如果仲裁员的决策因其一方缺乏独立性或公正性而被视为有偏见或不公平,则仲裁裁决的合法性可能会受到质疑。这违背了仲裁作为诉讼的有效和负担得起的替代品的目标,并可能导致更高的费用,延误,甚至双方必须寻求常规诉讼来解决争议。采用了一种理论研究设计和分析方法,重点关注仲裁的主要挑战之一:它在维护仲裁程序的完整性和合法性以及确保最终仲裁裁决公平公正方面的重要性。
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引用次数: 0
RESOLUTION PROFESSIONAL: ROLE, APPOINTMENT AND ITS IMPACT ON THE COMPANY'S LIQUIDATION 决议专业人员:角色、任命及其对公司清算的影响
Pub Date : 2023-03-30 DOI: 10.59126/v2i3a11
Riya Dharmendra Sangani
The most significant alternative reform in the Indian legal system is the IBC. It is because the Insolvency and Bankruptcy Code, 2016 (IBC) is giving India a new identity and economic legitimacy on a global scale while simultaneously emphasizing its importance in the legal sphere. India's bankruptcy law, the Insolvency and Bankruptcy Code of 2016, aims to unify the existing system by combining insolvency and bankruptcy under a single body of law. The study is of a descriptive kind. Moreover, the article also discusses the function of the resolution specialist and how it contributes to the liquidation process.
印度法律体系中最重要的替代改革是IBC。这是因为2016年的《破产和破产法》(IBC)在全球范围内赋予了印度新的身份和经济合法性,同时强调了其在法律领域的重要性。印度的破产法,即2016年的《破产和破产法》,旨在通过将破产和破产结合在一个单一的法律体系下,统一现有的制度。这项研究是描述性的。此外,本文还讨论了决议专家的作用及其对清算过程的贡献。
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引用次数: 0
RIGHTS OF HOME-BUYERS AS FINANCIAL CREDITORS UNDER THE INSOLVENCY & BANKRUPTCY CODE 根据破产法,购房者作为金融债权人的权利
Pub Date : 2023-03-30 DOI: 10.59126/v2i3a9
N. Desai
Real estate sector of India is a booming sector, and has a very much influence in Indian Economy. For quite a long-time homebuyers/allottees faced hardships for sorting their remedial rights against the default’s actions of the Real estate companies which changed drastically after the evolution and amendments made in The Real Estate (Regulation & Development) Act, 2016 (RERA) and Insolvency and Bankruptcy Act, 2016 (IBC) placing them onto the pedestal of Financial Creditors status which only further strengthen the same. IBC main role is to avert insolvency by revitalizing poorly businesses however, not a retrieval instrument for creditors but a resolution apparatus to blow natural life into strained monies of the CD. The new Reverse Corporate Insolvency Resolution Process (CIRP) concept by National Company Appellate Law Tribunal (NCLAT). However, have fewer-to-one practical implications but such out-of-the-box thinking was direly needed.
印度的房地产业是一个蓬勃发展的行业,在印度经济中有着非常大的影响。在相当长的一段时间里,购房者/分配者面临着对房地产公司违约行为进行补救的困难,在2016年房地产(监管与发展)法案(RERA)和2016年破产和破产法(IBC)的演变和修订后,房地产公司的违约行为发生了巨大变化,将他们置于金融债权人地位的基座上,这只会进一步加强。然而,IBC的主要作用是通过重振糟糕的企业来避免破产,它不是债权人的恢复工具,而是一种解决机制,将自然生命注入CD紧张的资金。国家公司上诉法庭(NCLAT)的新反向公司破产解决程序(CIRP)概念。然而,有少到一的实际意义,但这种开箱即用的思维是迫切需要的。
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引用次数: 0
ANALYSIS AND COMPARISON ON PREDATORY PRICING 掠夺性定价的分析与比较
Pub Date : 2023-03-30 DOI: 10.59126/v2i3a6
S. Sharan
Predatory pricing is an anti-competitive technique used by predators to prevent new players from entering the market or to drive existing ones out in order to get a larger part of the market and increase their profits as a result of their dominating position. It has been questioned by economists, and several theories have emerged as to why and how predation is possible. Additional criteria and tests based on these theories have been added to the economics canon so that predation can be better assessed in the future. Several companies have been accused of charging predatory prices since the early 1900s. In light of the suggested criteria and tests, competition authorities in various nations have dealt with these charges and assessed instances. United States and European Union demonstrations were each notable in their own right. In making its rulings, the United States' competition authority may have learned more heavily on classical economic theory considerations than the European Union Commission. A detailed examination of predatory pricing theory and instances from the US, EU and Turkey is presented in this paper. Competition agencies in these nations will be compared to see how they deal with situations of exploitative pricing.
掠夺性定价是掠夺者使用的一种反竞争技术,以阻止新的参与者进入市场或驱逐现有的参与者,以获得更大的市场份额,并增加他们的利润,因为他们的主导地位。经济学家对此提出了质疑,并出现了几种理论来解释捕食为何以及如何发生。基于这些理论的额外标准和测试已被添加到经济学经典中,以便将来可以更好地评估捕食行为。自20世纪初以来,有几家公司被指控收取掠夺性价格。根据所建议的标准和测试,各国的竞争主管部门已经处理了这些指控并对情况进行了评估。美国和欧盟的示威活动各自引人注目。在做出裁决时,美国竞争管理机构可能比欧盟委员会(European Union Commission)更多地借鉴了古典经济理论。本文对掠夺性定价理论和美国、欧盟和土耳其的实例进行了详细的研究。这些国家的竞争机构将进行比较,看看他们如何处理剥削性定价的情况。
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引用次数: 0
WAGE LAWS – AN APPROACH, CHALLENGES AND CONSEQUENCES UPON THE INDIAN INDUSTRY 工资法——对印度工业的一种方法、挑战和后果
Pub Date : 2022-11-15 DOI: 10.59126/v2i2a5
In a functioning society, the economic prosperity of the country is always determined on the earning capacity of the workers. As we know in every society, there are some social evils that we have to fight and one of them is wage disparity. For as long as we look back, the concept of wage can be found in every culture. It can be loosely translated to a kind of economic incentive or consideration given for the work done by a worker. This system of wage existed in the ancient days though it might not have been as well organised or codified. We can take examples of Zamindars, money lenders who abused their power to make workers do work for free or to repay the huge amount of debts owed. These situations were so grave that it left the descendants of such workers to become lifelong slaves merely to repay the same. Further it has been observed, during ancient times that various Kingdoms engaged in the practice of making the public work under them for free: in order to build roads, to cultivate for the royal family, to make monuments, palaces in return of granting “Kar Maafi”. And it has been practised as a custom for a long time with no such laws to protect their basic rights. Moreover, the problem of exploiting workers is not merely domestic, but an international one. Countries like England, France, and Spain have had instances of oppressing the masses: compelling them to work, all the while exploiting them out of a fair payment.
在一个正常运转的社会中,一个国家的经济繁荣总是取决于工人的赚钱能力。正如我们所知,在每个社会中,都有一些社会弊病,我们必须与之斗争,其中之一就是工资差距。只要我们回顾过去,工资的概念可以在每一种文化中找到。它可以粗略地翻译为对工人所做的工作给予的一种经济激励或考虑。这种工资制度在古代就存在了,尽管它可能没有被很好地组织或编纂。我们可以以zamindar为例,他们是放债人,滥用权力让工人无偿工作或偿还巨额债务。这些情况是如此严重,以至于这些工人的后代成为终身奴隶,只是为了报答同样的待遇。此外,人们还观察到,在古代,各个王国都从事免费为其提供公共工程的做法:为了修路,为王室耕种,建造纪念碑和宫殿,作为给予“Kar Maafi”的回报。长期以来,这种做法一直是一种习俗,没有这样的法律来保护他们的基本权利。此外,剥削工人的问题不仅是国内问题,而且是国际问题。像英国、法国和西班牙这样的国家都有压迫群众的例子:强迫他们工作,同时又剥削他们,不给他们公平的报酬。
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引用次数: 0
STATUS OF REFORMATIVE PUNISHMENTS IN INDIA 改革刑罚在印度的现状
Pub Date : 2022-11-15 DOI: 10.59126/v2i2a7
Arghyadip Sen
Of all parts of the law, the branch that intently concern or contacts an individual in his everyday existence is criminal law. Wrongdoing could likewise be characterized as the commission of acts precluded by corrective law and hoodlums as people who carry out such demonstrations. The penalization framework is an indispensable piece of law enforcement and for keeping up with Government backed retirement. The advancement of progress has come about through the change in the theory, strategy, and intention of penalization. Discipline might be utilized as an approach to decreasing the occurrence of criminal ways of behaving either by hindering the expected guilty parties or by impairing and keeping them from rehashing the offense or by improving them into law-withstanding residents. In this manner, speculations of discipline contain strategies concerning the treatment of wrongdoing and hoodlums. They're ordered into four sorts. Every one of these aren't correspondingly elite and every one of them assumes a vital part in dealing with possible wrongdoers. The hypotheses of discipline are Retributive theory, Deterrent theory, Preventive theory, and Reformative theory. This review is in regard to reformative theory and dissecting the status in India.
在法律的所有部分中,与个人的日常生活密切相关或联系的部分是刑法。不法行为同样可以被定性为实施矫正法所禁止的行为,而暴徒则是进行这种示威的人。惩罚框架是执法和与政府支持的退休保持同步的一个不可缺少的部分。这种进步是通过刑罚理论、刑罚策略和刑罚意图的变化来实现的。纪律可以作为一种方法来减少犯罪行为的发生,或者通过阻碍预期的犯罪方,或者通过削弱和阻止他们再次犯罪,或者通过将他们改善为守法的居民。以这种方式,对纪律的推测包含了处理不法行为和暴徒的策略。它们被分为四类。他们中的每一个人都不是精英,他们中的每一个人在处理可能的不法行为时都扮演着至关重要的角色。惩戒的假说有报应论、威慑论、预防论和改良论。本文从改革理论出发,剖析改革在印度的现状。
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引用次数: 0
LACK OF LEGAL PROTECTION FOR FEMALE MODELS IN THE FASHION INDUSTRY OF SRI LANKA 斯里兰卡时尚行业对女模特缺乏法律保护
Pub Date : 2022-11-15 DOI: 10.59126/v2i2a8
Minoshi Perera
Throughout history, women have been subject to a lot of marginalization, consequently, their role in society has been severely distorted. This paper takes a closer look at the role of women in society within the fashion and modeling industry. It will be noticed as the paper unfolds, that women are playing a leading role in this field. In fact, the first thing that comes to mind is how lucrative the mention of fashion and modeling is as a profession. However, this paper does not exclusively aim to explore the fashion industry from all dimensions but rather seeks to analyze the legal protection of female models in the fashion industry in Sri Lanka. As the reader glues his or her eyes on this paper it will be noted that this study argues vehemently that there is a lack of sufficient legal protection for female models in the Sri Lankan legal system. Therefore, this is the core of this work, to explore how the lack of legal protection impacts the rights of female models and the challenge it poses for the fashion industry. Identifying the loopholes in the Sri Lankan legal system will not be sufficient to make this research successful, thus, the paper will further propose steps and solutions that can be taken to remedy all the challenges to be discussed. In short, the ambit of this article is to advocate for the legal protection of female models in the Sri Lankan legal system
纵观历史,妇女一直受到很多边缘化,因此,她们在社会中的作用被严重扭曲。本文仔细研究了女性在时尚和模特行业中的社会角色。随着论文的展开,我们会注意到,女性在这一领域发挥着主导作用。事实上,人们首先想到的是,提到时尚和模特作为一种职业是多么有利可图。然而,本文并不是专门从各个维度来探讨时尚产业,而是试图分析斯里兰卡时尚产业中女性模特的法律保护。当读者把他或她的眼睛粘在这篇论文上时,会注意到,这项研究强烈地认为,在斯里兰卡的法律制度中,女性模特缺乏足够的法律保护。因此,探讨法律保护的缺失对女模特权益的影响以及对时尚产业的挑战是本研究的核心。确定斯里兰卡法律制度的漏洞将不足以使这项研究取得成功,因此,本文将进一步提出可以采取的步骤和解决方案,以补救所有要讨论的挑战。总之,这篇文章的主旨是倡导女性模特在斯里兰卡法律体系中的法律保护
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引用次数: 0
KIGALI AMENDMENT 基加利修正案
Pub Date : 2022-11-15 DOI: 10.59126/v2i2a1
Reya ANU SONY
The Kigali Amendment is an amendment to the Montreal Protocol, which is an international agreement addressing the issue of ozone depletion. The Montreal Protocol has undergone numerous changes and amendments since it entered into force in 1998. The Kigali Amendment was the agreement's eighth such amendment, and it went into effect on the 1st of January 2019. The amendment's agreement was signed in Kigali, Rwanda's capital, the agreement and thus the amendment was given that name. The amendment's goal was to focus on reducing the consumption of hydrofluorocarbons (HCFs). This article will go over the history of the amendment, its features, impact, and place in the country.
基加利修正案是对《蒙特利尔议定书》的一项修正案,《蒙特利尔议定书》是一项处理臭氧消耗问题的国际协定。《蒙特利尔议定书》自1998年生效以来,经历了多次修改和修正。基加利修正案是该协定的第八个修正案,于2019年1月1日生效。该修正案的协议是在卢旺达首都基加利签署的,因此该修正案被赋予了这个名称。该修正案的目标是将重点放在减少氢氟碳化合物(HCFs)的消耗上。本文将回顾该修正案的历史、特点、影响和在国内的地位。
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引用次数: 0
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THE JOURNAL OF UNIQUE LAWS AND STUDENTS
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