2018 SCC Vol. 8 October 7, 2018 Part 4

Arbitrability of copyright disputes under Indian law: This article is an attempt to analyse some interesting Indian judicial precedents with respect to arbitrable and non-arbitrable aspects of copyright related commercial disputes. [Arbitrability of Copyright Disputes under Indian Law by Gaurav Pachnanda , (2018) 8 SCC (J-1)]

Bias of arbitrator: This article aims to look at biases in the context of arbitration law along with the concepts of impartiality, independence and neutrality. It also examines and critiques the law on arbitration in India to comprehensively combat the vice of bias inhibiting fair adjudication. [Bias of Arbitrator and the need for a Real Danger Test in India with comparison with the English position by Prakhar Singh Chauhan and Siddhant Bhasin, (2018) 8 SCC (J-34)] 

Civil Securities Fraud, Market Manipulation and Insider Trading In India: This article examines the standard of proof in civil actions of securities fraud, market manipulation and insider trading under the SEBI Act. [Standard of Proof: Civil Securities Fraud, Market Manipulation and Insider Trading in India by Armaan Patkar and Diya Uday, (2018) 8 SCC (J-25)] 

Constitution of India — Art. 239-AA(4) proviso — Difference of opinion between Lieutenant Governor and Ministers of representative Government of NCT of Delhi on “any matter” — “Any matter” — Scope of: Lieutenant Governor can exercise such power of reference only in exceptional circumstances and not as a matter of rule or routine. Words “any matter” in Art. 239-AA(4) proviso cannot be inferred to mean “every matter”. Moreover, such difference of opinion should have a sound rationale. Lieutenant Governor should not act in a mechanical manner without due application of mind so as to refer every decision of Council of Ministers of NCT of Delhi, to President Attempt must be made to settle such dispute(s) by way of discussion and dialogue. Lieutenant Governor must work harmoniously with his Ministers and must not seek to resist them at every step of the way. While exercising said power, Lieutenant Governor should keep in mind: (a) the standards of constitutional trust and morality, (b) the principles of collaborative federalism and constitutional balance, (c) the concept of constitutional governance and objectivity, and (d) the nurtured and cultivated idea of respect for a representative Government. [State (NCT of Delhi) v. Union of India, (2018) 8 SCC 501]

Issues under the Insolvency and Bankruptcy Code post admission of insolvency application: While discussing issues relating to the Insolvency and Bankruptcy Code, the author concludes that the Code is on the right track to reaffirm and give substance to the vision of the legislators with the adjudicating authorities reinforcing the focus on securing the rights of the creditors as well as assist all the stakeholders in procuring the best resolution plan post the admission of the proceedings. [Issues under the Insolvency and Bankruptcy Code Post Admission of Insolvency Application, (2018) 8 SCC (J-5)] 

Role Of Domestic Courts In The Development Of International Law: This article, in the light of the Supreme Court of India’s decision in Jeeja Ghosh v. Union of India, (2016) 7 SCC 761  seeks to analyse the role that national courts play in the realm of international law, particularly in advancing the objectives of international law through an approach of hyper-alignment. This entails, an evaluation of the subject-matter of the law involved, and the court’s interpretation thereof. This is followed by an appraisal of the nature of alignment of the court’s decision with international law, if at all such alignment exists, and a subsequent review of the possible implications that surface as a corollary thereof. [Role of Domestic Courts in the Development of International Law (Obligations of Private Entities under International Law in Relation to the Rights of Persons with Disabilities) by Kritika Sharma, (2018) 8 SCC (J-44)]

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