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.
In a 2014 survey of more than 9,200 men across seven Indian states, one-third admitted to having forced a sexual act on their wives. According to a 2018 National Family Health Survey, more than 80 percent of married women who have experienced sexual violence named their current spouse as the culprit.
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
Transfer of Property
The time at which property passes from seller to buyer is important due to the following reasons: (i) Risk prima facie passes with ownership: Unless otherwise agreed, risk follows ownership irrespective of delivery and payment of price. If delay in delivery has been due to the fault of a particular party, the party at default shall bear the risk. (ii) Action against third parties: In case goods are damaged by a third party, it is only the owner who can take action against him. Proprietary rights depend on transfer of property. (iii) Right of Resale: To determine whether buyer can resell the goods to a third party without incurring any liability is linked with transfer of ownership. (iv) Suit for price: Transfer of property confers upon the seller the right to sue the buyer for price. (v) Right of official Receiver: The right of official receiver or assignee to take over the goods in the event of insolvency of either the buyer or the seller depends on as to who is the owner at a given point of time.
Anti Suit Injunction in Internat
In an interconnected world, businesses are increasingly global. A Barbie doll is touched by hands in at least four countries. The ethylene for its plastic comes from Saudi Arabia, the plastic body is made in Taiwan, the golden nylon hair comes from Japan, the doll itself is assembled and painted in a shop floor in China, and finally, one can find the doll on the shelves of a toy shop in California. This is the extent of the global nature of businesses. In this era of global transfer of goods, international commercial contracts attain much significance. These contracts are the ones that enable the smooth flow of international trade. However, by the inherent international nature of these contracts, there is ambiguity about the jurisdiction of filing suits in case of problems in the execution of the contract. It is often that each party wants to file the suit in the jurisdiction that it deems may award a favourable decision. A way to resolve this is by the use of anti-suit injunctions, which prevents parallel proceedings on the same dispute. The smooth performance and quick resolution of disputes arising is important to facilitate international trade and sustain faith in the existing international trade system.
Performance of Contract of Sale
Meaning of Performance: Performance means the delivery of goods by the seller, and acceptance and payment for the same by the buyer. It is mutual. Manner of performance: According to Section 31, it is the duty of the seller to deliver the goods and of the buyer to accept and pay for them in accordance with the terms of contract of sale. Both delivery and payment are concurrent conditions unless otherwise agreed (Sec. 32). The parties have the freedom to determine the time, place and manner of delivery of goods; acceptance of delivery, and payment of price. In case the contracting parties do not make a provision regarding any of these matters in the contract of sale, then the rules of performance as prescribed in the Sale of Goods Act shall apply.