ANTI TRAFFICKING BILL NECCESSARY
With the alarming rate of modern slavery, there is a heated debate on whether it is required to introduce a new bill or the one that is in existence is sufficient. Whatever be the matter, the govt has to take stringent measures in this regard in order to free our country that is plagued by human trafficking.
Case- Solomon Girma
Case- Solomon Girma The involvement of national courts is essential to the overall effectiveness of arbitration, both in domestic and international level. However, anti-suit injunction as an instrument of terminating or staying arbitral proceeding, the relationship of national courts and arbitral tribunals are vary between forced cohabitation and true partnership. Moreover, a marked increase of anti-suit injunctions issued by both Arbitral Tribunals and National Courts has been seen recently. This thesis, therefore, identifies the power of both national courts and arbitral tribunals towards issuing anti-suit injunction in international arbitration. In addition, compatibility of anti-suit injunction with the general purposes and principles of international arbitration have been critically scrutinized. Furthermore, the legal effect of anti-suit injunction in international arbitration is addressed in detail. Finally, after a profound analysis on the above three areas of controversies in international commercial arbitration, the thesis argues that since anti-suit injunction is a new trend in international arbitration, both National Courts and Arbitral Tribunals should always exercise this power with due care because their effects may be more harmful than the problem they are seeking to resolve it. Key Words: Anti-suit Injunction, Judicial Intervention, International Arbitration.
Conditions and Warranties
Meaning of Conditions & Warranties 1.Condition: According to Section 12(2), a condition is a stipulation essential to the main purpose of the contract, the breach of which gives a right to repudiate the contract. 2. Warranty: According to Section 12(3), a warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives a right to a claim for damages but not a right to reject goods and to treat the contract as repudiated. Whether a stipulation in a contract of sale is a condition or a warranty depends, in each case, on the construction of the contract. A stipulation may be a condition, though called a warranty in the contract