Małgorzata Surdek-Janicka’s Post

The Hon’ble Supreme Court has recently referred the question of whether courts can modify arbitral awards under Sections 34 and 37 of the 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗮𝗻𝗱 𝗖𝗼𝗻𝗰𝗶𝗹𝗶𝗮𝘁𝗶𝗼𝗻 𝗔𝗰𝘁, 𝟭𝟵𝟵𝟲, to a larger bench for consideration. Our Associate Partner, Arjit Benjamin, shares his insights on this development. #supremecourtofindia #arbitration #arbitralawards #courts #update #spotlight #Prosoll

Even assuming the ICC and its prosecutor are acting in good faith (and here, putting my cards on the table, I am skeptical) the notion that arrest warrants can be issued for a sitting head of state engaged in a war of self-defense, without any obligation to put forward any supporting evidence for the alleged charges, is a fundamental flaw of the institution. Why did people think that this was a smart way to structure the ICC? This approach undermines the credibility of the institution, allows for politicization of the process, and also poses a significant barrier to garnering legitimacy for such serious legal actions. https://lnkd.in/ehtnbeV4

CAM Blog: The latest post on our blog by Kapil Arora and Palak Nagar is on "Can a Challenge to an Arbitral Award be Dismissed for Non-Compliance with Conditions for Stay on Enforcement?.” Read it at: https://lnkd.in/dptYZAfY #ArbitralAward #ArbitrationandConciliationAct #Arbitration #BlogsbyCAM

In para 26 of the judgment, it is seen that the appellant builder has highlighted threats given by the respondent flat purchaser in the emails to escalate the issues to RERA.  In that context, the High Court has gone through various emails and made the following observations: - “It is not unnatural for a flat purchaser, who had booked the flat in 2011 and was yet to receive possession, to feel anxious especially when he was not permitted to inspect the flat.  While this Court does not think it necessary to hold responsible for denying inspection of the flat to the Respondent, addressing of emails seeking inspection of flat is something which is not unnatural. Also, merely addressing of emails and ability to take steps for filing of appeal are two entirely different aspects.  #bombayhighcourt #RERA #appeal #delay #condonation #legaldeli

In para 26 of the judgment, it is seen that the appellant builder has highlighted threats given by the respondent flat purchaser in the emails to escalate the issues to RERA.  In that context, the High Court has gone through various emails and made the following observations: - “It is not unnatural for a flat purchaser, who had booked the flat in 2011 and was yet to receive possession, to feel anxious especially when he was not permitted to inspect the flat.  While this Court does not think it necessary to hold responsible for denying inspection of the flat to the Respondent, addressing of emails seeking inspection of flat is something which is not unnatural. Also, merely addressing of emails and ability to take steps for filing of appeal are two entirely different aspects.  #bombayhighcourt #RERA #appeal #delay #condonation #legaldeli

Good summary of #UFC #antitrust court proceedings on 8/21. Key developments point to accelerated schedule going forward.

#ICCnews Today we invite you to read a report from the International Criminal Court Office of the Prosecutor. It contains information about the steps taken by this institution regarding #Ukraine 🇺🇦 Read more about it below:

It was a pleasure to co-author this article with the partners, David Morriss, Evangelos Catsambas and Antonis Lagadianos of LCI Law, having recently advised a shipowner on whether to heed an order to proceed through the Red Sea despite the Houthi attacks. We investigate what's required to invoke the BIMCO wartime clauses, given the decisions in the Triton Lark, Paiwan Wisdom and the recent Supreme Court decision in the Polar. Of particular interest to shipping lawyers will be the Supreme Court's commentary that both The Product Star and The Paiwan Wisdom remain good law. It had previously been thought by some in the shipping community that The Paiwan Wisdom removed, generally, the need for owners to show that the relevant war risks must have escalated since the date of the charterparty in order to invoke them, as first laid down by the Court of Appeal in The Product Star. That is too general a statement - the important question is what did the parties expressly agree to, and would reliance on the BIMCO wartime clauses be inconsistent with the parties' contractual bargain. In short, the BIMCO wartime clauses are not a 'get out of jail free' card. #commercial #shipping

President Trump on the International Criminal Court (ICC) Legitimacy and Its Illegal Overreach. Every country should memorize this quote: ”The ICC has no jurisdiction. No legitimacy and no authority and it violates all principles of justice, fairness, and due-process.” South Africa, joined by Egypt, filed a charge against Israel at the ICJ accusing Israel of perpetrating genocide in Gaza; the ICJ is now seeking to arrest Benjamin Netanyahu, Israel Prime Minister, accusing Israel of ‘extermination.’ Israel, take heed from Mr. Trump’s words of wisdom. We ask: what differentiates the International Court of Justice (ICJ) from the International Criminal Court (ICC) and the ad hoc international criminal tribunals? Reply: The ICJ has no jurisdiction to try individuals accused of war crimes or crimes against humanity. Full video: https://lnkd.in/g2_J2V8u Israel is not a member, it is not a signatory to the ICC and therefore the ICC has no jurisdiction on Israel. This decision to seek arrest warrants is not legal but political and anti-Israel sentiments. It is not justice rather, retribution against Israel for the Jews’ first sin, which is the establishment and the existence of the Jewish State and the subsequent sin which is Israel’s ability to defend itself amid the deadliest day for Jews since the Holocaust. Today’s ICC’s decision in effect makes it criminal for a state like Israel to defend itself against any enemy shrewd enough to embed itself among the civilian population, in and under schools, mosques, hospitals and children’s bedrooms, and use civilians as human shields, such as Hamas has done, to the extent never seen before in the history of warfare.

Here is a summary of the Kulbhushan Jadhave Case decided by the International Court of Justice.