Disputes,
differences of opinion are but common – some go to Court
– if the argument is
on a name : 1st Party wanting it to be : ** 1 – 2 ** - the other wants it to be * 3 –
4 – 2 ** - Interlocutor says – it will be “ 3 – 2” – who is the winner ? - logic could be both parties lose 1 right –
yet it would appear that the 2nd party has got it the way they
wanted !! ~ the opening scene of ‘Chinna Gounder’ would start with a Judge made
to wait as people from villages rush to the panchayathu – where the man utters
simple words delivers judgment acceptable to all – and the driver asks the Q as
to how long it would have taken to get resolved in a Civil Court ?
The European arbitration
community took the French capital by storm from 9-13 April with the second
edition of Paris Arbitration Week (PAW). For five full days, dispute resolution
professionals discussed the latest regional developments, learn best practices
and expand networks at a variety of conferences, trainings and other events
that took place across the city of light.
Arbitrations are a form of resolving disputes. .. …
The Republic of Kosovo has
won the legal battle in an arbitration court against German company Axos GMBH,
after the company sued Kosovo government asking millions oe Euros over the
failed privatisation of the state owned Kosovo Telecom in 2013. Kosovo Minister
of Economic Development, confirmed to Radio Free Europe that the arbitration
court has decided in favour of Kosovo in the case of privatisation of the
Telecom of Kosovo obliging Axos to pay all expenses of the trial at the amount
of around two million euro. Kosovo abandoned an attempt to privatise Kosovo
Telecom in 2013 when the Parliament blocked a sale to German telecoms and
technology investment firm ACP Axos Capital Gmbh and U.S.-based investor Najafi
Companies for 277 million euros. Axos has sued Kosovo’s government over the
failed sale asking millions of euros compensation.
After seven years of
negotiations between Israel and Cyprus, substantial progress has been made
towards signing an agreement settling the development of the Aphrodite natural
gas reservoir, which lies in the territory of both countries. In the coming
months, Israel and Cyprus will apply for international arbitration to decide
the dispute concerning the distribution of the gas in the joint reservoir,
sources inform "Globes."
In a ruling that has sent
shockwaves across Europe, the European Union’s (EU) highest court, the European
Court of Justice (ECJ), has struck down an arbitration agreement contained
within a bilateral investment treaty (BIT) between two EU member states, the
Netherlands and Slovakia. Whilst the ramifications of this decision are yet to
be fully realised, it is clear that a great deal of uncertainty arises as to
its impact, not only on the 200 or so other intra-EU BITs currently in force,
but also on multilateral investment treaties involving the EU and its member
states, most notably the Energy Charter Treaty (ECT), under which substantial
disputes have arisen in recent years, particularly in the renewables sector. The
case of Slovak Republic v Achmea BV (Case C-284/16) relates to Slovakia’s
attempts to have an investment treaty arbitration award set aside at the seat,
Frankfurt, Germany.
Back home, Times of India
reported that the Kerala high court got
the unusual opportunity to name a child recently as the parents could not come
to an agreement about their choices and contested each other before the court.
It fell upon justice AK
Jayasankaran Nambiar to pick a name for a five-year-old child from central
Kerala as the father, who is a Hindu, rooted for the name ‘Abhinav Sachin’ whereas the mother, a Christian,
wanted ‘Johan Mani Sachin’. The court
finally decided upon ‘Johan Sachin’ and
ordered for issuing a birth certificate with that name. Both the father and the
mother had filed separate petitions before the court challenging Kottayam
municipality’s demand for a court order to issue a birth certificate as the
parents couldn’t come to an agreement there too. The couple had got married as per Christian
rites on August 29, 2010 and as per Hindu rites the next day. After two
children were born, the first in 2011 and the second in 2013, the relationship
between the parents strained and they approached the family court for a
divorce. While the divorce case is still pending, a birth certificate became a
necessity for the second child to obtain school admission.
‘Johan Mani
Sachin’ was sought by the mother citing baptism certificate whereas the father
argued that ‘Abhinav Sachin’ was the name agreed upon at the 28th-day ceremony.
The wife informed the court that she is willing to give up ‘Mani’ from the name
‘Johan Mani Sachin’ as a gesture of reconciliation. However, the husband
insisted on ‘Abhinav’ instead of ‘Johan’.
In the judgment, the court
said, “Taking note of the differences between the parents, I am of the view
that, as a conciliatory measure and with a view to pacify both the parents of
the child, it would be in the interest of justice to accede to the wishes of
both the parents to the extent possible and therefore, assign the name ‘Johan
Sachin’ to the second child of the petitioners in both these writ petitions.
The name ‘Johan’ would represent the wishes of the mother of the child and the
name ‘Sachin’ as a surname would satisfy the requirement of the father of the child
as the said name would identify the child as his (The husband’s first name is
Sachin). This course of action would be in the interests of the minor child.”
With regards – S.
Sampathkumar
11th May 2018.
Photo at the
start : incident between Miandad and Lillee in Perth 1981 - Miandad claimed
that Lillee blocked him and "pushed him out of the way"; Lillee's
version of events has Miandad subjecting him to abuse as he approached and
Lillee replying in kind - no mention of any contact.
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