Case BriefsHigh Courts

Karnataka High Court: A Single judge bench comprising of Dinesh Maheshwari, J. while hearing a civil writ petition for appointment of arbitrator noted that even after termination of an agreement entered into between the parties, the arbitration agreement survives.

Brief background of the case was that the respondent had entered into a MoU with one Sandip Foundation. After a certain period of time, Sandip Foundation passed a resolution under which all its activities under the said MoU were transferred to the petitioner institution which specialized in developments and distribution of course material for various technical and non-technical courses. Respondent – University issued a notification withdrawing certain courses from the academic collaborative institutions and despite assuring that the students already admitted would not be affected and could continue their courses, it failed to conduct examinations. This led to the petitioner issuing a notice calling upon the respondent to commence arbitration proceedings in terms of the MoU. The respondent replied by terminating the MoU and did not respond to petitioner’s multiple requests and notices for arbitrating their dispute. The sole contention raised on behalf of the respondent was that since the MoU had been terminated, the arbitration clause contained therein did not survive. Hence, the petitioner was constrained to file the instant petition for appointment of a sole arbitrator to adjudicate their disputes.

The sole question posed before the court was as to whether there was an arbitration agreement between the parties. The court went through clauses of the MoU entered into between the parties and noted that clause 14 of the MoU clearly stipulated that disputes between parties be referred to arbitration. It was observed that despite issuing a notice to the respondent, it did not take steps for appointment of an arbitrator. Further, the court rejected the argument that the termination of MoU had the effect of terminating arbitration clause as well.

On the aforesaid holding and observations, the writ petition was disposed of by giving directions for appointment of an arbitrator. [SCOPE v Karnataka State Open University,2018 SCC OnLine Kar 1568, decided on 03-10-2018]

NewsTreaties/Conventions/International Agreements

The Government has signed a Memorandum of Understanding (MoU) with United Kingdom for seeking help in improving overall public transport system in the country. The MoU has been signed between the Ministry of Road Transport & Highways and Transport for London (TFL), a statutory body established under the Greater London Authority Act, 1999 (UK) to improve public transport in India. The MoU would help mainly in sharing of information and areas of cooperation like improving the public transport system with an augmentation of passenger capacity, passenger services, data analysis, induction of electric vehicles, introduction of technology, ticketing and the provision of passenger information, urban transport planning and policy, institutional organisation of transport, governance and accountability arrangements, project financing, strategy, and procurement methodologies, policy development and assessment of technology strategies, operations procurement and contracting, infrastructure maintenance strategies, Infrastructure design and delivery etc.

This MoU will help in strengthening the integrated public transport for all. This will help people from all segments of the society to have access to a quality public transport system. Further, will help in introducing innovative practices such as digital payments, standardizing the design of the buses, use of technology for demand projection and route rationalization to enhance efficiency of public transport operations.

Ministry of Road Transport & Highways

NewsTreaties/Conventions/International Agreements

The Union Cabinet has approved the signing of a Memorandum of Understanding (MoU) between India and Bahrain on cooperation in the field of Healthcare.

The MoU covers the following areas of cooperation:-

i. Exchange of information including publications and research outcomes;

ii. Exchanging visits by governmental officials, academic staff, scholars, teachers, experts and students;

iii. Participating in workshops and training courses;

iv. Encouraging health and medical research activities at both the private-sector and the academic level; and

v. Any other forms of cooperation as may be mutually decided upon.

A Working Group will be set up to further elaborate the details of cooperation and to oversee the implementation of this MoU.

Ministry of Health and Family Welfare

NewsTreaties/Conventions/International Agreements

The Union Cabinet has given its ex-post facto approval for the Memorandum of Understanding (MoU) signed in 2014 and approval for renewal of MoU between the Institute of Chartered Accountants of India (ICAI) & Saudi Organisation for Certified Public Accountants (SOCPA) in Saudi Arabia to promote mutual co-operation framework in the areas of Corporate Governance, Technical Research & Advice, Quality Assurance, Forensic Accounting, issues for Small and Medium Sized Practices (SMPs), Islamic Finance, Continuing Professional Development (CPD) and other subjects of mutual interest related to Accountancy profession.

Major impact:

The aim is to work together to develop a mutually beneficial relationship inthe best interest of ICAI members, students and their organizations.

The MoU will provide an opportunity to the ICAI members to expand their professional horizons and simultaneously ICAI will become an entity to aidand strengthen capacity building of local nationals.

The MoU will further enable ICAI to promote the Accounting and Auditing profession and all matters that might lead to the development of the profession and improve its status.

Beneficiaries:

ICAI has strong presence of 3 Chapters at Eastern Province covering Jeddah, Riyadh and Saudi Arabia, having more than 200 members who have been engaged at different professional level. The MoU will foster strong working relations between the ICAI & SOCPA thus giving strong professional opportunities to Indian Chartered Accountants in India and more confidence to employers in Eastern Province, thus creating significant employment opportunities for Indian Chartered Accountants.

Background:

The Institute of Chartered Accountants of India (ICAI) is a statutory body established by an Act of Parliament of India, The Chartered Accountants Act, 1949′, to regulate the profession of Chartered Accountancy in India. Saudi Certified Public Accountants’ Regulations issued under Royal Decree entrusted the “Saudi Organisation for Certified Public Accountants (SOCPA)” for promotion of the Accountancy and Auditing profession in that country.

Cabinet

NewsTreaties/Conventions/International Agreements

The Union Cabinet has approved signing of a Memorandum of Understanding (MoU) between India and United Kingdom regarding cooperation between both countries in the sphere of Law & Justice and to set up a Joint Consultative Committee. The MoU takes care of concerns and requirements in the field of exchange of experience by legal professionals, government functionaries and their training and effective legal aid mechanism for resolution of disputes before various Courts, Tribunals, etc. and proposes establishment of Joint Consultative Committees.

Ministry Of Law & Justice

NewsTreaties/Conventions/International Agreements

The Union Cabinet has given its ex-post facto approval for the Memorandum of Understanding (MoU) between India and Morocco on India- Morocco Cooperation in Renewable Energy. Both sides aim to establish the basis for a cooperative institutional relationship to encourage and promote technical bilateral cooperation on new and renewable energy issues on the basis of mutual benefit, equality and reciprocity. The MoU envisages establishing a Joint Working Committee to review, monitor and discuss matters relation to areas of cooperation. The MoU aims for exchange of expertise and networking of information. The MoU will help in strengthening bilateral cooperation between the two countries.

Ministry of New and Renewable Energy

NewsTreaties/Conventions/International Agreements

The Union Cabinet has given its approval to the signing of Memorandum of Understanding (MoU) between India and Colombia on establishing cooperation on Traditional Systems of Medicine of India. It will lead to promotion and propagation of Traditional Systems of Medicines of India in Colombia. As a consequence of this MoU, exchange of experts for training the practitioners, conducting collaborative research in Traditional Systems of Medicine is expected to lead to new innovations in drug development and traditional medical practice.

AYUSH

NewsTreaties/Conventions/International Agreements

The Union Cabinet has given its ex post facto approval to the signing of MoU (Memorandum of Understanding) between India and Morocco in the field of mining and geology. The MoU will provide an institutional mechanism between India and Morocco for cooperation in the field of geology and mining. This cooperation will be mutually beneficial on economic, social and environmental fields in both countries. The MoU aims to strengthen cooperation between India and Morocco in the field of mining and geology. The activities involved in the cooperation viz. development of geological infrastructure, promotion of mining and geology, training programs and establishment of geological data bank would serve the objective of innovation.

Ministry of Mines

NewsTreaties/Conventions/International Agreements

The Union Cabinet has been appraised of the Implementing Arrangement (IA) for Pre-formulation Studies of a Maritime Domain Awareness Mission signed between India and France. The proposed joint mission will be devoted to maritime domain awareness, with the objective to provide relevant data and services to both nations. The objective is to monitor the maritime traffic and to identify the non-compliant ships at the maximum possible revisit frequency. The monitoring system would provide an end to end solution for detection, identification, monitoring of vessels in the regions of interest for India and France. As per the IA, Indian Space Research Organization (ISRO) and Centre Nationale Dètudes Spatiales (CNES), France will jointly undertake various activities during these pre-formulation studies and present the pre-formulation concept study results to the respective senior management for review within one year of its signing.

Department of Space

NewsTreaties/Conventions/International Agreements

The Union Cabinet has given its ex-post facto approval to the Memorandum of Understanding (MoU) on Cooperation in the field of Medicinal Plants between India and Equatorial Guinea. The MoU will further enhance bilateral cooperation between the two countries in the area of Medicinal Plants. The financial resources necessary to conduct research, training courses, conferences/meetings will be met from the existing allocated budget and existing plan schemes of the National Medicinal Plants Board, Ministry of AYUSH.

Background:

India is one of the richest countries in the world in terms of biodiversity, having 15 agro-climatic zones. Out of the 17000-18000 species of flowering plants, more than 7000 are estimated to have medicinal usage in folk and documented systems of medicine like Ayurveda, Unani, Siddha & Homoeopathy (AYUSH System of Medicine). About 1178 species of medicinal plants are estimated to be in trade of which 242 species have annual consumption levels in excess of 100 metric tonnes/year. Medicinal plants are not only a major resource base for the traditional medicine & herbal industry but also provide livelihood and health security to a large segment of Indian population. There is global resurgence in traditional and alternative health care systems resulting in world herbal trade which stands at US$ 120 billion and is expected to reach US$ 7 trillion by 2050. Moreover, there are a large number of medicinal plants, particularly those found in tropical region, which are common to the two countries given similar geo-climatic factors.

AYUSH

Business NewsNews

CSC SPV and Small Industries Development Bank of India (SIDBI) signed an MoU for providing financial support to CSCs across the country. SIDBI has come forward to support CSCs to promote rural entrepreneurship, and with financial support new avenues of opportunities will come up for CSCs, which in long run will help upgrade the potential of existing CSCs along with creating new opportunities to rural population.

Through the MoU, the SIDBI seeks to extend financial support to the Village Level Entrepreneurs (VLEs) of Common Services Centers, with minimum one year of operation, under the Direct Financing Window of SIDBI. Under the Direct Financing Window, CSC SPV will approve the list of VLEs, within 25 km distance of SIDBI Branch Offices, who require financial support. To avail the loan, the VLEs need to submit their CSC project, with maximum project outlay of Rs. 3.50 lakh and term loan requirement not exceeding Rs. 2 lakh per project. Through the MoU, both CSC SPV and SIDBI seek to work together to bring more citizens under the ambit of financial inclusion.  Moreover, it also seeks to enhance the financial viability of CSCs by including additional services in their bouquet of products.

Ministry of Electronics & IT

NewsTreaties/Conventions/International Agreements

The Union Cabinet has has given its ex-post-facto for the Memorandum of Understanding (MoU) between India and Swaziland on cooperation in the field of Health and Medicine. The MoU covers the following areas of cooperation:-

i) Drugs & Pharmaceutical products;
ii) Medical Consumable products;
iii) Medical Research;
iv) Medical Equipment;
v) Public Health;
vi) Communicable Disease Control & Surveillance;
vii) Health Tourism; and
viii) Any other area of mutual interest.

A Working Group will be set up to further elaborate the details of cooperation and to oversee the
implementation of this MoU.

Ministry of Health and Family Welfare

NewsTreaties/Conventions/International Agreements

The Union Cabinet has given its ex-post facto approval for signing of the MoU (Memorandum of Understanding) for cooperation in the legal field between India and Morocco, in order to share their experience and expertise in the field of law and legislation. The MoU will give an opportunity to the lawyers, law officers and law students to discuss issues in the field of law and justice in seminars, symposiums and workshops arranged by authorities of India and Morocco.

Ministry of Law and Justice

NewsTreaties/Conventions/International Agreements

The Union Cabinet has been apprised of the Memorandum of Understanding (MoU) signed between India and Denmark for cooperation in the fields of Animal Husbandry and Dairying.

The MoU aims to develop bilateral cooperation in the field of Animal Husbandry and Dairying for the purpose of broadening the existing knowledge base on dairy development and institutional strengthening.

A Joint Working Group (JWC) consisting of representatives of each party shall be created to formulate joint programmes, facilitate cooperation and consultation and subsequent evaluation.

Danish partnership is expected to facilitate exchange of knowledge & expertise in the areas of animal breeding, animal health and dairying, fodder management etc. aiming at enhancing production and productivity of Indian livestock including livestock trade matter of mutual interest.

Ministry of Agriculture & Farmers Welfare

NewsTreaties/Conventions/International Agreements

The Union Cabinet has approved signing of the Memorandum of Understanding (MoU) between India and Singapore on cooperation in the field of Personnel Management and Public Administration.

Salient Features:

The MoU aims at improving the current system of governance, particularly in the areas of Workforce, Workplace and Jobs, Public Service Delivery, Human Resource Management, Public Sector Reform, Leadership/ Talent Development and e-Governance/digital government.

Benefits:

The MoU will provide a framework for cooperation between India and Singapore in the field of Public Administration and Governance Reforms. It aims at achieving excellence in public administration, good governance and public service reform, which in turn, would ensure and promote greater public accountability. It also aims to bring about innovative best practices, so as to achieve excellence in public administration in the context of improving online public service delivery.

Ministry of Personnel, Public Grievances & Pensions

NewsTreaties/Conventions/International Agreements

The Union Cabinet was apprised of the Memorandum of Understanding (MoU) signed between India and United Kingdom on technical cooperation in the field of Sustainable Urban Development.

Details

The objective of this MoU is to facilitate and strengthen India-UK institutional cooperation in the field of sustainable urban development. The areas of cooperation include smart cities development, solid waste management, green affordable housing, waste water management, capacity building of urban institutions, skill development in urban areas, urban mobility, intelligent transport system and transit-oriented development, innovative access to finance and other related areas as mutually agreed upon by the Contracting Parties.

Implementation strategy

Under this MoU, an Indo-UK Joint Working Group (JWG) will be set up to strategize and implement programmes on cooperation under the framework of the MoU. The Joint Working Group on Urban Development is expected to meet once in a year, alternately in UK and in India.

Major Impact

The MoU will promote strong, deep and long term bilateral cooperation in the field of Sustainable Urban Development between the two countries.

Beneficiaries

The MoU is expected to create employment in the areas of smart cities development, solid waste management, green affordable housing, waste water management, skill development in urban areas, urban mobility, intelligent transport system and transit-oriented development.

Cabinet

NewsTreaties/Conventions/International Agreements

The Union Cabinet has given its ex-post facto approval to the Memorandum of Understanding (MoU) between India and Denmark regarding cooperation in the areas of food safety. The MoU was signed on 16 April 2018.

Benefits:

The MoU will help deepen bilateral ties, mutual understanding and trust, eventually strengthening both sides in their capacity building efforts towards food safety. It will further promote understanding of the best practices in the areas of food safety in both countries and in faster resolution of issues related to food safety. The MoU will help improve food safety standard setting by getting access to best practices and facilitating food trade of important commodities.

Ministry of Health and Family Welfare

NewsTreaties/Conventions/International Agreements

The Union Cabinet has given its ex-post facto approval to the Memorandum of Understanding (MoU) signed between India and France in the field of Renewable Energy. Both sides aim to identify research/ demonstration/ pilot project between National Institute of Solar Energy (NISE), India and Commissariat a I’Energie Atomique et aux Energies Alternatives (CEA), France in the mutually identified areas. Based on mutual agreement, both parties would work for implementation & deployment of pilot project in ISA member countries. Collaboration may occur through several means, including joint research projects, joint R&D, joint workshops, Research and Technology exchange including exchange of domain experts. The MoU also aims for exchange of expertise and networking of information. The MoU will help in strengthening bilateral cooperation between the two countries.

Ministry of New and Renewable Energy

NewsTreaties/Conventions/International Agreements

The Union Cabinet was apprised of the Memorandum of Understanding (MoU) signed between India and Denmark on technical cooperation in the field of Sustainable and Smart Urban Development in April, 2018.

Details:

The objective of this MoU is to promote bilateral cooperation in the field of sustainable and smart urban development on the basis of reciprocity and mutual benefit through exchange of knowledge, institutional cooperation, research & development and commercial relations on related issues. Areas of cooperation include smart urban solutions, liveability, sustainable and integrated urban planning, redevelopment and land use, integrated solid waste management including waste to energy, sustainable transport systems, water and sanitation management, energy efficiency, resource mobilization and other related areas mutually agreed upon.

Implementation strategy:

Under this MoU, a Joint Working Group (JWG) will be set up to strategize and implement programmes on cooperation under the framework of the MoU. The Joint Working Group will meet at intervals agreed upon by the Participants, alternately in Denmark and in India.

Major Impact

The MoU will promote bilateral cooperation in the field of Sustainable and Smart Urban Development between the two countries.

Beneficiaries

The MoU is expected to create employment in the areas of integrated solid waste management including waste to energy, sustainable transport systems, water and sanitation management, energy efficiency, resource mobilization.

Ministry of Housing & Urban Affairs

NewsTreaties/Conventions/International Agreements

The Union Cabinet has been apprised of the Memorandum of Understanding (MoU) the between India and Angola for promoting bilateral cooperation in the field of Electronics and Information Technology.

The MoU intends to promote closer cooperation in the areas of e-Governance, HRD for IT education, Information Security, Electronics Hardware manufacturing, IT embedded Software industry, Telemedicine etc.

Background:

The Ministry of Electronics and Information Technology (MeitY) has been mandated to promote international cooperation in the emerging and frontier areas of Information and Communications Technology (ICT) under bilateral and regional framework of cooperation. MeitY has entered into MoUs/Agreements with counterpart organizations/ agencies of various countries to promote close cooperation and exchange of information in the area of ICT. To further enhance cooperation with various countries, particularly in view of the new initiatives taken by Government of India like “Digital India”, “Make in India” etc., there is an increased need for exploring business opportunities in the technology sector which are of interest.

MeitY negotiated a comprehensive MoU for a focussed cooperation in ICT areas such as in e-Governance, HRD for IT education, Information Security, Electronics Hardware manufacturing, IT embedded Software industry, Telemedicine etc. After negotiations the draft MoU was finalised and signed during the visit of Hon’ble Minister of State for External Affairs Mr. M.J. Akbar on behalf of MeitY, Government of India and Mr. Domingos Custodio Vieira Lopes, Secretary of State for International Cooperation and Angolan Communities, on behalf of Minister of Telecommunications and Information Technology, Government of Angola.

Cabinet