France v Ireland match postponed due to coronavirus

first_imgThis news follows the postponement of all Ireland v Italy matches that were due to take place over the weekend just gone while Scotland Women have had an additional two fixtures postponed because of the coronavirus – away in Italy and at home against France.It is being widely reported that the Italy v England and Ireland v France men’s matches will be played on 31 October before the start of the autumn Internationals, while Ireland v Italy may take place a week earlier.It is those matches that will determine the winners of this year’s Six Nations as four teams can still mathematically lift the title – England, France, Ireland and Scotland.England are favourites to win another Women’s Six Nations title, but the added complication with rescheduling the women’s fixtures is that Ireland, Italy and Scotland are involved in the European qualifying tournament for the 2021 World Cup in September.As for U20 matches – a tournament where Ireland are chasing back-to-back Grand Slams – an interesting issue thrown up is that some players may be too old to be eligible for the team come the autumn.The April issue of Rugby World magazine – focusing on a new generation of Six Nations stars – is out now. France v Ireland match postponed due to coronavirusThe France v Ireland men’s match in the Six Nations this weekend is the latest to be postponed because of the coronavirus outbreak.The women’s and U20 matches have also been postponed after the French government banned gatherings of more than 1,000 people in a bid to contain the coronavirus.The three Italy v England matches on the final round had already been postponed after the Italian government decreed that all sport in the country must be played behind closed doors until 3 April to try to stop the spread of Covid-19.However, as it stands the Wales v Scotland men’s and U20 fixtures will go ahead as planned this weekend. The women’s fixture has been postponed given that a Scotland player tested positive for Covid-19 last Friday and several other players are now self-isolating on medical advice.A Six Nations statement read: “Following instructions received from the authorities in France, the decision has been made to postpone the Round 5 Guinness Six Nations match between France and Ireland.“The Wales v Scotland Guinness Six Nations and U20s Six Nations matches will be going ahead as scheduled. The fixture between Wales Women and Scotland Women is also postponed after a Scottish player tested positive for Covid-19 and a further seven members of the Scotland camp (players and management) are self-isolating.” But Wales v Scotland due to go ahead as planned On hold: Ireland and France line up for the anthems in Paris in 2018 (Getty Images) Follow Rugby World on Facebook, Instagram and Twitter.last_img read more

Waratah Tom Carter’s antics against the Reds

first_imgWednesday Feb 29, 2012 Waratah Tom Carter’s antics against the Reds A quick look at Tom Carter’s behaviour during the Waratahs vs Reds game in Super Rugby 2012 Song: Peter Bjorn and John – Lay it DownADVERTISEMENT Posted By: rugbydump Share Send Thanks Sorry there has been an error random Related Articles 445 WEEKS AGO Steve Hansen discusses Andrew Hore incident… 446 WEEKS AGO Italy vs Australia – Live stream 446 WEEKS AGO Catch up with Ken Cowen and School of Hard… From the WebThis Video Will Soon Be Banned. Watch Before It’s DeletedSecrets RevealedWrinkle Remedy Stuns TV Judges: Forget Surgery, Do This Once DailySmart Life ReportsIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingShe Was the Most Beautiful Girl in the World. What She Looks Like Now is InsaneNueey30+ Everyday Items with a Secret Hidden PurposeNueey10 Types of Women You Should Never MarryNueeyThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancellast_img read more

Justice Dept. on Ferguson: Rampant racism but no indictment of killer cop

first_img‘Hands up, don’t shoot’, Ferguson, Mo.On March 4, the U.S. Department of Justice issued two seemingly contradictory reports.U.S. Attorney General Eric Holder officially announced that Darren Wilson, the police officer who had killed unarmed African-American youth Michael Brown on Aug. 9, 2014, in Ferguson, Mo., would not be indicted on federal civil rights violations charges due to lack of probable cause. Wilson, who has since resigned from the Ferguson Police Department, claimed that he felt threatened by the 18-year-old before he drew his weapon and fired numerous shots into the young man’s body.The same Department of Justice also issued a comprehensive report on the systematic discriminatory policies of the Ferguson police. These findings are by no means news to the people of Ferguson and St. Louis County.Journalists, activists and other observers have noted the appalling and repressive character of the police in St. Louis County and the exploitative nature of the court system, which entangles African Americans with citations and jail time for failure to promptly pay arbitrary fines.The DOJ report revealed: “The City budgets for sizeable increases in municipal fines and fees each year, exhorts police and court staff to deliver those revenue increases, and closely monitors whether those increases are achieved. City officials routinely urge Chief Jackson to generate more revenue through enforcement.”In March 2010, a memorandum from the city finance director to Chief Jackson stressed that “unless ticket writing ramps up significantly before the end of the year, it will be hard to significantly raise collections next year. … Given that we are looking at a substantial sales tax shortfall, it’s not an insignificant issue.”Also the DOJ documents that in March 2013, the Ferguson finance director wrote to the city manager noting: “Court fees are anticipated to rise about 7.5 percent. I did ask the Chief if he thought the PD could deliver 10 percent increase. He indicated they could try.” The report continues: “The importance of focusing on revenue generation is communicated to FPD officers. Ferguson police officers from all ranks told us that revenue generation is stressed heavily within the police department.”Police guided by racismIt is quite obvious that the city of Ferguson’s methodology of law enforcement reflects and fortifies racial profiling and discrimination. Consequently, those most severely impacted by these policies are African Americans, who are systematically targeted for punitive actions by the cops.The DOJ report substantiates such assumptions by stating unequivocally: “Data collected by the Ferguson Police Department from 2012 to 2014 shows African Americans account for 85 percent of vehicle stops, 90 percent of citations, and 93 percent of arrests made by FPD officers, despite comprising only 67 percent of Ferguson’s population. African Americans are more than twice as likely as white drivers to be searched during vehicle stops even after controlling for non-race-based variables such as the reason the vehicle stop was initiated, but are found in possession of contraband 26 percent less often than white drivers, suggesting officers are impermissibly considering race as a factor when determining whether to search.”During the two years leading up to 2014, the FPD wrote four or more citations of African Americans on 73 occasions. Nonetheless, the statistics illustrate that cops issued four or more citations of non-African Americans on only two occasions. The Ferguson police obviously issue certain citations almost exclusively against African Americans. Between the years of 2011 and 2013, African Americans were cited for 95 percent of “manner of walking in roadway” charges, and 94 percent of all “failure to comply” charges.Racists emails commonThe report also revealed racist emails sent by Ferguson city personnel insulting and mocking African Americans, targeting people from the local area all the way up to the White House. These racist emails were widely circulated even outside city administration circles.Emails circulated by Ferguson officials in law enforcement and the courts reflect the venomous racism within the municipal system. These electronic notes and “ethnic jokes” draw upon some of the worst stereotypes within U.S. society.African Americans are accused of not taking care of their children, and of being lazy and criminally inclined. Even President Barack Obama was described as an animal by a Ferguson employee.These emails continued to circulate and no one was ever held accountable by Ferguson officials. In the aftermath of the release of the DOJ report, a court clerk and two police officers have left their jobs. However, no one has been criminally prosecuted for these offenses.Darren Wilson remains untouchedDespite the damning proof of blatant racism, police brutality, judicial misconduct and criminal conspiratorial actions, no one has been arrested or indicted for these violations of the law, which the DOJ says contravene the Fourth, Eighth and Fourteenth Amendments to the U.S. Constitution. Darren Wilson, who shot down Michael Brown, was not indicted by the local St. Louis County prosecutor and also escaped any criminal charges from the DOJ.According to the DOJ, in its statement related to the decision not to indict former Ferguson Police Officer Wilson on federal civil rights violations charges: “The evidence does not establish that the shots fired by Wilson were objectively unreasonable under federal law. When Brown turned around and moved toward Wilson, the applicable law and evidence do not support finding that Wilson was unreasonable in his fear that Brown would once again attempt to harm him and gain control of his gun.”Such a rationale for not indicting Wilson stems from the same stereotypical reasoning enunciated by this white police officer when he told ABC News in an exclusive interview that he felt mortally threatened by an unarmed African-American youth. These are the same excuses given for decades to justify the police killings of African Americans and other oppressed people in the U.S.Brown’s family to file civil suitOn March 5, the family of Michael Brown announced they would pursue civil litigation against Darren Wilson for the wrongful death of their son. Since the family and the community in Ferguson have been denied redress within the local and federal court systems, they are seeking alternative means to hold Wilson liable for his actions that resulted in the death of Brown.“There were other alternatives available to him. He did not have to kill Michael Brown,” said Daryl Parks, an attorney for the family of the slain teen.Attorney Anthony Gray said the lawsuit is being worked on and will be filed in the not-too-distant future. “Wilson did not have to shoot and kill Mike Brown Jr. in broad daylight in the manner that he did,” Gray said. “The choice to use deadly force was unreasonable and unnecessary.” (Globe and Mail, March 5)The findings of the DOJ report on Ferguson and St. Louis County are not exceptions in the U.S. Such practices involving law enforcement and the courts are commonplace in many municipalities throughout the country.On March 6, Tony Robinson, a 19-year-old African American in Madison, Wis., was killed by police. The officer involved has not been arrested or indicted and the authorities say the incident is “under investigation.”The pervasive racism in the U.S. was also revealed when an Oklahoma State University all-white fraternity was videotaped chanting slogans saying that African Americans will never join their organization and that they should be hung from trees. Although the group was suspended by their national office and the university has publicly distanced itself from the racist organization, these attitudes are not an anomaly.It will take a much more broadly organized mass movement to overthrow racism and police brutality. The character of the U.S. capitalist and imperialist system is rooted in racial discrimination and economic exploitation, which must be eradicated for true equality and self-determination to be won by the nationally oppressed.FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare thislast_img read more

Noticiero TCU 17 de Febrero 2020

first_imgReddIt Facebook Twitter ReddIt Behind the runway: One TCU student’s experiences at Fashion Week Fort Worth’s first community fridge program helps serve vulnerable neighborhoods Linkedin Linkedin TCU 360 Staffhttps://www.tcu360.com/author/tcu-360-staff/ 2021 NFL Mock Draft (Part 1) Special TCU 360 Staffhttps://www.tcu360.com/author/tcu-360-staff/ Facebook TCU 360 Staffhttps://www.tcu360.com/author/tcu-360-staff/center_img TCU 360 Staffhttps://www.tcu360.com/author/tcu-360-staff/ TCU 360 Staff Previous articleHoroscope: February 18, 2020Next articleWhat we’re reading: Bloomberg qualifies for primary debate, Trump pardons former 49ers owner TCU 360 Staff RELATED ARTICLESMORE FROM AUTHOR Return of the disco: Latest fashion trends mirror the 1970s Pantone: Color of the year 2020 + posts printNuevos detalles del corornavirus y preparando para las elecciónes primarias. Twitter Sustainability is the new green: Fashion companies work towards environmentally-conscious practices 2020/21 NFL Exit Interviews – NFC West TCU 360 is an official, student-produced product of the School of Journalism at Texas Christian University.last_img read more

Foxconn drops lawsuit against two China Business News journalists

first_img Organisation Help by sharing this information Receive email alerts ChinaAsia – Pacific RSF_en ChinaAsia – Pacific News News September 4, 2006 – Updated on January 20, 2016 Foxconn drops lawsuit against two China Business News journalists Follow the news on China April 27, 2021 Find out more to go further March 12, 2021 Find out more Democracies need “reciprocity mechanism” to combat propaganda by authoritarian regimes Reporters Without Borders welcomed the 4 September decision of Taiwanese company Foxconn, an Apple subcontractor, to drop a defamation case against two journalists from China Business News.Wang You and Weng Bao on 15 June exposed poor working conditions in one of its factories. News June 2, 2021 Find out more News China: Political commentator sentenced to eight months in prison China’s Cyber ​​Censorship Figures The press freedom organisation had written to Apple’s CEO asking him to intervene on behalf of the reporters who were facing extremely heavy fines.”We note that some companies are aware of their ethical responsibilities”, it said. “We hope that Apple’s actions in handling this crisis will serve as an example to other computer and Internet giants who invest in China, in particular Yahoo!””One cannot say it too often: It is possible to work in this country without giving up ones values. We therefore call on foreign businesses to demonstrate moral courage when they enter the Chinese market,” said Reporters Without Borders.—–31.08.06 – Apple iPod subcontractor reduces damages claim to token amountReporters Without Borders today hailed a decision by an Apple Computer subcontractor in China, the Taiwanese company Foxconn, to reduce the amount of damages it is requesting in its libel suit against two China Business News journalists from 30 million yuan (3 million euros) to the token sum of 1 yuan (10 euro cents). At the same time, the intermediate people’s court of the southern city of Shenzen has unfrozen the assets of the two journalists, Wang You and Weng Bao, who are being sued by Foxconn over a 15 June story criticising conditions at a plant at Longhua, near Shenzen, that assembles iPods.Reporters Without Borders said it welcomed the role played by Apple Computer in this case. After the press freedom organisation wrote to the US company’s CEO, Steve Jobs, on 29 August asking him to intercede on behalf of the two journalists, the company said it was “working behind the scenes to help resolve this issue.”————–29.08.2006 – Apple Computer urged to intercede for two reporters who exposed bad conditions at supplier’s plantsReporters Without Borders wrote today to the US company Apple Computer asking it to intercede with its subcontractor in China, Foxconn, and get it to drop its lawsuit against reporter Wang You and editor Weng Bao of the daily China Business News (Diyi Caijing Ribao).In a 15 June story, they criticised the conditions of workers at a Foxconn plant that assembles iPod music players at Longhua, near the southern city of Shenzen. After getting a court to freeze their assets, Foxconn brought a libel suit against them, demanding 20 million yuan (2 million euros) in damages from Wang and 10 million yuan (1 million euros) from Weng.———————中文版本Paris, 29 August 2006Dear Mr. Jobs,Reporters Without Borders, an organisation that defends press freedom throughout the world, urges you to intercede with your subcontractor in China, the Taiwanese company Foxconn, and get it to drop its lawsuit against reporter Wang You and editor Weng Bao of China Business News (Diyi Caijing Ribao).These two journalists were responsible for an article on 15 June criticising work conditions at a Foxconn plant. At Foxconn’s request, the Shenzen intermediate people’s court froze their assets – apartments, bank accounts and cars – on 10 July. Foxconn then brought a lawsuit accusing them of “smearing its reputation” and demanding 30 million yuan (3 millions euros) in damages.We know that Apple is already aware of this case. After the London-based Daily Mail newspaper ran a story about it on 11 June, your company reacted by investigating conditions at Foxconn’s plants and discovered that your supplier had indeed violated several aspects of your code of conduct, including those concerning the length of the working week and days off.We believe than all Wang and Weng did was report the facts and we condemn Foxconn’s reaction. We therefore ask you to intercede on behalf of these two journalists so that their assets are unfrozen and the lawsuit is dropped.We trust you will give this matter your careful consideration.Sincerely,Robert MénardSecretary-Generallast_img read more

Pasadena Health Officials Confirm Two More Local Deaths

first_imgCity officials reported two more deaths of the Coronavirus and 19 new cases on Wednesday.The deaths and cases came from within the city’s long term health care facilities.The announcement came about 24 hours before the City Council planned to meet to discuss allowing some low-risk businesses to open, including bookstores, clothing stores and music stores.Gov. Gavin Newsom plans to release state guidelines on the openings on Thursday.LA County Supervisor Kathryn Barger said on Monday that county stores also could reopen on Friday.Pasadena’s plans will most likely be in concert with similar plans made in Long Beach and the city of Los Angeles.In correspondence to the Pasadena City Council, Chamber of Commerce President Paul Little the first step is for Pasadena’s Public Health Department to determine it is safe to do so, even on a limited basis.“Like restaurants, I think most retailers could be able and willing to do curbside pick-up of goods,” Little said. “I expect they would welcome guidelines for safety, cleanliness and protective equipment that might be necessary. That would come from the Public Health Department and should be clearly written and provided to all retailers at no cost.”A member of the Pasadena Health Department told Pasadena Now on Monday that the department would be part of the process.“The virus continues to be present in our community but we understand the need to evaluate restrictions,” said Manuel Carmona. “In the days to come, the Health Department will help the city assess activities for their level of risk and begin considering easing restrictions for the lowest risk activities. The Health Department will be on the ready, closely monitoring data in the event we start to see cases rise again.”Monday’s meeting will take place after the Economic Development Technology Committee meets. The EDTECH will be the first one since February. Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. 21 recommended0 commentsShareShareTweetSharePin it faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,Donald CommunityPCC- COMMUNITYVirtual Schools PasadenaHomes Solve Community/Gov/Pub SafetyPasadena Public WorksPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes Business News CITY NEWS SERVICE/STAFF REPORT Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday Community News Name (required)  Mail (required) (not be published)  Website  Make a comment Herbeauty9 Of The Best Metabolism-Boosting Foods For Weight LossHerbeautyHerbeautyHerbeauty6 Lies You Should Stop Telling Yourself Right NowHerbeautyHerbeautyHerbeautyYou Can’t Go Past Our Healthy Quick RecipesHerbeautyHerbeautyHerbeautyTop 9 Predicted Haircut Trends Of 2020HerbeautyHerbeautyHerbeautyThese Are 15 Great Style Tips From Asian WomenHerbeautyHerbeautyHerbeauty6 Strong Female TV Characters Who Deserve To Have A SpinoffHerbeautyHerbeauty STAFF REPORT First Heatwave Expected Next Week center_img Community News More Cool Stuff Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena STAFF REPORT Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy Your email address will not be published. Required fields are marked * EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS Subscribe Top of the News Community News Pasadena Health Officials Confirm Two More Local Deaths 19 additional cases reported as city prepares to reopen low risk businesses By ANDRÉ COLEMAN, Managing Editor Published on Wednesday, May 6, 2020 | 4:20 pmlast_img read more

COVID-19 Worsening Impact of Wildfires

first_img September 30, 2020 986 Views  Print This Post Home / Daily Dose / COVID-19 Worsening Impact of Wildfires Tagged with: Disaster wildfire Previous: Is There a ‘Zombie Apocalypse’ Ahead for Vacant Properties? Next: How Mortgage Delinquencies Could Impact Property Taxes The Best Markets For Residential Property Investors 2 days ago Disaster wildfire 2020-09-30 Christina Hughes Babb Governmental Measures Target Expanded Access to Affordable Housing 2 days ago About Author: Phil Hall The Week Ahead: Nearing the Forbearance Exit 2 days ago Related Articles in Daily Dose, Featured, News Sign up for DS News Daily Subscribecenter_img More than 2.5 million acres of California have burned this year, surpassing the state’s previous wildfire seasons for total acreage burned, according to a new data report from CoreLogic, which added that latest Climate Prediction Center forecast extending through November indicates drought conditions will likely persist across the state.CoreLogic observed that the August Complex Fire, which began as 38 separate fires ignited in mid-August by lightning strike within the Coast Range of Northern California, has burned through more than 746,000 acres and destroyed more than 25 structures, making it the largest fire in California history. California’s SCU Complex saw more than 396,000 acres and 224 structures destroyed during the past month while the LNU Complex saw the destruction of more than 375,000 acres and 1,030 structures. As a result, these became, respectively, the second and third largest fires in California history.Complicating matters has been the impact of the COVID-19 pandemic in fighting California’s wildfires. CoreLogic’s new data report found “COVID-19 quarantine measures have resulted in significant staff shortages for fire suppression management. Many fire academies this year were canceled, such as in Washington state where three of their canceled fire academies were meant to train 4,500 firefighters. Additionally, wildfire management sites, which are typically high in density with poor sanitary conditions, are making virus transmission more likely.”CoreLogic also noted that many firefighters have already been tested positive for COVID-19–San Jose’s fire department reported 10% of its workforce were exposed to the virus by early April.“Lower staffing could mean that many of these firefighters will have to work on fires for 40-45 days with no breaks,” CoreLogic noted. “The pandemic combined with drought conditions throughout the west is making this year an especially tough one for fire management.”California is not alone in facing record wildfires this year. CoreLogic stated that Colorado’s Pine Gulch Fire in August became the state’s largest fire with more than 139,000 acres burned, while the Cameron Peak Fire expanded to over 100,000 acres during the Labor Day weekend.CoreLogic added that during the last 15 years, 15 states accounted for 93% of all wildfire acreage per year and more than 98% of wildfire-related property losses, including nearly 2 million single-family residences and $638 billion in reconstruction value. Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Phil Hall is a former United Nations-based reporter for Fairchild Broadcast News, the author of nine books, the host of the award-winning SoundCloud podcast “The Online Movie Show,” co-host of the award-winning WAPJ-FM talk show “Nutmeg Chatter” and a writer with credits in The New York Times, New York Daily News, Hartford Courant, Wired, The Hill’s Congress Blog and Profit Confidential. His real estate finance writing has been published in the ABA Banking Journal, Secondary Marketing Executive, Servicing Management, MortgageOrb, Progress in Lending, National Mortgage Professional, Mortgage Professional America, Canadian Mortgage Professional, Mortgage Professional News, Mortgage Broker News and HousingWire. COVID-19 Worsening Impact of Wildfires The Best Markets For Residential Property Investors 2 days ago Demand Propels Home Prices Upward 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Share Save Demand Propels Home Prices Upward 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Servicers Navigate the Post-Pandemic World 2 days agolast_img read more

“Transfer of cancer services from Sligo has not worked” – Doherty

first_img Facebook WhatsApp Twitter Pinterest WhatsApp Google+ Business Matters Ep 45 – Boyd Robinson, Annette Houston & Michael Margey Guidelines for reopening of hospitality sector published Previous articleHSE promise improvements to mental health services in DonegalNext articleDerry and Strabane continue to top NI unemployment table News Highland Twitter “Transfer of cancer services from Sligo has not worked” – Doherty Pinterestcenter_img By News Highland – February 18, 2010 Need for issues with Mica redress scheme to be addressed raised in Seanad also Calls for maternity restrictions to be lifted at LUH Facebook Google+ The Seanad has heard calls for Cancer services to be returned to Sligo General Hospital with claims that the move to Galway last year has been detrimental to patients.The issue was raised by Senator Pearse Doherty, who claimed that since Cancer services were transferred from Sligo to Galway, people from South Donegal and Sligo have been forced to travel long distances for inferior care.Pearse Doherty says that some patients are waiting up to six weeks for their first diagnostic appointment which is usually the first of a number of tests carried out to assess the patient and a necessary course of treatment. These tests used to be carried out in a single day in Sligo and that the current delays run against everything promised by the National Cancer Strategy.The Senator also claims there is confusion around the issue of follow-up careMinister Harney made a commitment that patients from the North West who had treatment in Galway would be permitted to have their follow-up appointments in Sligo.Senator Doherty says that instead patients are to have their follow-up examinations in the mobile Breast-Check clinic.He says the only solution is for Cancer services to be returned to Sligo General Hospital. LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton Almost 10,000 appointments cancelled in Saolta Hospital Group this week RELATED ARTICLESMORE FROM AUTHOR Newslast_img read more

Fast Track Arbitration: Revving Up ADR In Times Of Pandemic

first_imgColumnsFast Track Arbitration: Revving Up ADR In Times Of Pandemic Abhishek Gupta23 Jun 2020 7:30 AMShare This – xWith the Courts grappling with the pandemonium perpetrated by the proliferation of PILs in the pandemic, perplexed litigants are propelled to explore alternative avenues for resolution of commercial, contractual and corporate disputes. While many corporations and individuals have resorted to a friendlier and frugal mode of redressal, such as conciliation and mediation, others are in…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginWith the Courts grappling with the pandemonium perpetrated by the proliferation of PILs in the pandemic, perplexed litigants are propelled to explore alternative avenues for resolution of commercial, contractual and corporate disputes. While many corporations and individuals have resorted to a friendlier and frugal mode of redressal, such as conciliation and mediation, others are in pursuit of an ersatz litigation, that offers a semblance of court procedure, judicial determination, greater attorney participation and an uncoloured perception of the dispute. Arbitration would perfectly fit the bill during peaceful times, however, the current crisis calls for a more cost-efficient and swift resolution medium. Section 29B of the Arbitration and Conciliation Act, 1996- a somewhat untested and untried mechanism under the Act providing for fast-track arbitration has the potential to fill in the void created by Covid. This is conducted under the aegis of a Sole Arbitrator according to a predetermined set of rules devised with the consent of parties in order to curtail the duration, procedural bottlenecks and costs involved in a regular arbitration. Genesis of Fast-Track Arbitration: Fast-track arbitration, also known by its other monikers like expedited arbitration, summary procedure or accelerated proceedings, originated in the early nineties under the Swiss Arbitration Rules (erstwhile, Geneva Chamber of Commerce), and the suit was followed by other international arbitration centres, such as CIETAC (China International Economic and Trade Arbitration Commission), American Arbitration Association (AAA), Stockholm Chamber of Commerce (SCC), World Intellectual Property Organization (WIPO), Hong Kong International Arbitration Centre (HKIAC), Singapore International Arbitration Centre (SIAC), and most recently, International Chamber of Commerce (ICC) and Asian International Arbitration Centre (AIAC). This expedited arbitration kicks in either by election of parties and an explicit agreement to that effect, or automatically based on a default monetary threshold. Scheme of Fast-Track Arbitration in India: Section 29B was inserted by the 2015 Amendment to the Act, and draws inspiration from antecedent institutional arbitration rules and procedures. The provision attaches supreme sanctity to the party autonomy and party cooperation, right from consensual adoption of fast-track procedure, choice and remuneration of a Sole Arbitrator, to the procedure guiding the proceedings. As is evident from a bare perusal of Section 29-B(1), the parties must elect to invoke the fast-track arbitration at any stage either before or at the time of constitution of the Arbitral Tribunal. Further, while electing the same, the parties ‘may’ agree that the arbitral tribunal ‘shall’ consist of a sole arbitrator who ‘shall’ be chosen by the parties. The incoherent use of ‘may’ and ‘shall’ under sub-section (2) of Section 29B casts a slight shadow on the process of appointment of Arbitral Tribunal. However, what cannot be disputed is the composition of such Arbitral Tribunal comprising of a Sole Arbitrator and the consensual choice of such Arbitrator by the parties. The use of word ‘may’ appears to pave way for a judicial appointment of a Sole Arbitrator along with the in-built process of appointment by agreement between the parties. Any prayer for appointment of an Arbitrator under this Section would be premature in the absence of an agreement between the parties for fast tracking the arbitral proceedings or prior to the stage of constitution of a Tribunal. This application has to be made in writing and is principally consensual[1]. The parties are obligated to observe the Sixth Schedule under the Act while appointing the Arbitrator.By virtue of the judgment of the Supreme Court in ‘Board of Control for Cricket in India Vs. Kochi Cricket Pvt. Ltd.; AIR 2018 SC 1549’, the fast track procedure can only be made applicable to the arbitration proceedings commenced after the promulgation of the 2015 Amending Act, i.e. 23rd October, 2015. The Arbitral Tribunal is enjoined to observe the procedure laid down under Section 29B(3) of the Act, which, inter alia, mandates adjudication on the basis of written pleadings, documents and submissions filed by the parties sans any oral hearing. An informal oral hearing may be held for calling any further information- clarification on the request of parties or if the Arbitral Tribunal considers it necessary. The award shall be made within a period of six months from the date the arbitral tribunal enters upon the reference. If the award is not made within such period, it shall set the provisions of sub-sections (3) to (9) of section 29A into operation. The mandate of the Arbitrator expires and a substitute arbitrator in its place to continue and complete the proceedings if the period for pronouncing the award is not extended with the consent of parties[2].Party autonomy is the cornerstone of fastrack arbitration, and its success is largely dependent on how parties draft an arbitration clause with in-built safeguards against dilatory tactics, indiscretions of the participants and the procedural bottlenecks that may arise in the appointment of an Arbitrator and enforcement of the Award. The arbitration clause ought to distinctly provide for the ambit of arbitrator’s jurisdiction; number, scope and time limit of permissible submissions; presentation of evidence; examination of witnesses etc. As such, it strongly recommended to involve professionals in the drafting of a fast-track arbitration clause, lest the parties are likely to encounter troubles in enforcing the mechanism. In India, several arbitration institutions- Nani Palkhivala Arbitration Centre, Delhi International Arbitration Centre, International Centre for Alternative Dispute Resolution, Indian Council of Arbitration, have incorporated the rules of fast-track procedure in sync with Section 29B of the Act. Per Contra, the Mumbai Centre For International Arbitration has adopted the ‘opt-out’ approach in line with the Swiss Arbitration Rules, providing for an Expedited Procedure in the event the anticipated amount in dispute does not exceed Rs.10 crore, representing the aggregate of the claim, counterclaim and any set-off defence, or if the parties so agree in writing. Comparative Analysis of Fast-Track Arbitration with Regular Arbitration: The definitive pros of the fast-track procedure are speed, cost efficiency, and most felicitously, dispensing with the in-person hearings and determination hinging on written pleadings. It is particularly productive for smaller claims, where the costs involved do not outweigh the magnitude of claim amount. In situations where parties strive to preserve their long-standing commercial relationship, sustain a long-term co-operation, or keep an ongoing contract afloat, a fast, focussed and frugal procedure comes in handy. The Fast-Track Arbitration does not come without limitations: too much reliance on party cooperation proves to be a double-edged sword, when one is confronted with a recalcitrant party that is bent on jettisoning the progress of proceedings by adopting dilatory tactics and defying the stipulated timelines. With some delay inevitable, one often wonders about comparative benefit of choosing a fast-track arbitration over a regular arbitration. Further, having a Sole Arbitrator at the helm of affairs, operating sans the expertise, guidance or assistance of her confreres, might raise doubts on the determination. That said, the party autonomy inherent in the mechanism wards off most drawbacks through incorporation of appropriate contractual provisions to deter any sabotage of the proceedings. There could still be a class of cases not amenable to fast-track procedure, such as complex, technical cases, which involve construction of legal documents and detailed evidence. Stakeholders apprehend that the speed of fast track arbitration might imperil their claims. Ironically, one of the most famous cases where speedy resolution of disputes by arbitration was objected to, came from a field where speed alone counts, viz. Formula One racing. In Walkinshaw v. Diniz ((2001) 17 Arbitration International, 193), a Formula One racing team and one of its drivers were at loggerheads, and their dispute was submitted to the Contract Recognition Board (CRB) of the Federation Internationale de l’Automobile, which rendered a very quick decision, i.e. only within three days. The racing team, which opposed the arbitration, filed a legal action against the driver in the English High Court, alleging that CRB conducted summary proceedings inconsistent with arbitration, and it did not get sufficient opportunities to make its case. The High Court turned down the case. The judge stated that “if justice so required”, the procedure needed only to involve as many meetings “as required”, and in that case, justice did not ask for more. Thus, the acceptable speed of arbitration was to be determined on the basis of what justice required[3]. Concluding Remarks: The present crisis has witnessed the Courts and Arbitral Tribunals assimilating the technology and shunning the in-person hearings for virtual hearings, that has passably placated the concerns of litigants and litigators alike. However, the reach and comfort of virtual hearings is widely overestimated. The parties are albeit motivated to attend virtual hearings, but there is an apparent lack of confidence in the technical and logistical aspects of such hearings. Moreover, the hesitation of the Arbitrators and Counsels to conduct virtual proceedings because of lack of prior experience or limited access to technical resources has put many contractual and commercial claims on the backburner. With many claims anent force majeure, frustration and hardship on the horizon and virtual hearing remaining an unchartered territory for many, the parties could adopt fast-track arbitration even where the underlying contract does not provide for an arbitration clause. To avoid delays, parties may want to consider converting their litigation into arbitration. It dispenses with the need for formal pleadings, oral hearings, discovery or witness statements. I close this article with an excerpt from ‘P. N. Eswara Iyer Vs. The Registrar, Supreme Court of India; AIR 1980 SC 808’, where Justice V.R. Krishna Iyer, in his inimitable style, writes that, “The written brief, before careful judges, can be a surer process of deeper communication than the ‘vanishing cream’ of speaking submissions. And a new skill-preparation of an effective brief, truly brief, highly telling and tersely instructive- is an art of the pen worth the acquisition especially when, in practice, there are many gifted lawyers who go with Goldsmith who ‘wrote like an angel and talked like poor Paul’. … .To put superstitious faith in oral submissions or unlimited argumentation as the sole means of presentation and persuasion and to debunk the potency of well-drawn up manuscript representations may be condemned as absurd…. .Therefore, it is quite on the cards that where no injury to justice will be all, orality may suffer partial eclipse in the shape of time-limitation or substitution by written submission even in categories other than review proceedings. All that we mean to indicate is that the mode of ‘hearing’, whether it should be oral or written or both, whether it should be full-length or rationed, must depend on myriad factors and future developments.” Views are personal only.Abhishek Gupta is an Advocate based out of New Delhi appearing in various courts, including the Supreme Court of India.  [1] Hamara Pump Mithoura HPCL Petrol Pump Vs. Chairman-Cum-Managing Director Hindustan Petroleum and Ors.; 2018 (1) ADJ 363 [2] Crayons Advertising Private Limited Vs. Bharat Sanchar Nigam Limited; 2018 (2) ArbLR 252 (Delhi) [3] Strengthening Arbitration in India: Sharing Knowledge and Building Connections, (2009) 3 LW (JS) 38: By Justice Sri. V. Ramasubramanian Next Storylast_img read more

Bangalore Riots- Supreme Court Issues Notice On Plea Challenging Grant Of Bail To Bangalore’s Former Mayor Sampath Raj

first_imgTop StoriesBangalore Riots- Supreme Court Issues Notice On Plea Challenging Grant Of Bail To Bangalore’s Former Mayor Sampath Raj Srishti Ojha20 Feb 2021 7:33 AMShare This – xSupreme Court has on Friday issued notice in plea challenge Karnataka High Court’s decision to grant bail to former Mayor of Bangalore Sampath Raj and former Corporator Abdul Raqueeb Zakir in the Bangalore Riot Case. The Court has issued notice returnable in three weeks. A division Bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy issued the direction while hearing the plea…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginSupreme Court has on Friday issued notice in plea challenge Karnataka High Court’s decision to grant bail to former Mayor of Bangalore Sampath Raj and former Corporator Abdul Raqueeb Zakir in the Bangalore Riot Case. The Court has issued notice returnable in three weeks. A division Bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy issued the direction while hearing the plea filed by the MLA of Pulikeshinagar Constituency R. Akhanda Srinivasamurthy against the grant of bail to Abdul Zakir and Sampath Raj by High Court orders dated 5th Feb 2021 and 12th Feb 2021. During the hearing before the Supreme Court, Senior Advocates R Basant, and Devadatt Kamat  assisted by Advocates Rajesh Inamdar and Amit Pai appeared for the Petitioners. The petitioners informed the Court that even after having committed serious offences, the accused have been released on bail. The reasons for grant of bail and the main bail order had not been uploaded and only the operative part of the order had been made available. The petitioners also brought Court’s attention to the undesirability of such practice as also previously observed by the Top Court through its order in the case of Balaji Baliram Mupade & Anr. v. State of Maharashtra & Ors, 2020. The Court also took note of the submissions that the respondents did not join the investigation and were absconding till they were taken into custody as per the order of the High Court and despite that bail has been granted at this stage. The present petitions were filed challenging the Karnataka High Court’s grant of bail to the accused who according to petitioners were principal architect of the conspiracy, and The Petitioners were charged under relevant sections of the Indian Penal Code, the Karnataka Prevention of Destruction & Loss of Property Act, 1981, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The petition stated the Single Judge Bench of the High Court only issued the operative part of the bail Order, and at the time of the filing of the present petition before the Supreme Court, the reasons for the issuing the orders and for grant pf bail were not available. The accused persons are politicians and influential personalities and other than being the principal conspirators for the incident, were also instrumental in mobilising persons to vandalise and burn down the house of the Petitioner, to create a communal situation. The accused may therefore tamper with witness and evidence, if enlarged on bail, in view of their political clout. According to the petitioner, the High Court while issuing the impugned orders failed to apply the principles laid down by Supreme Court for grant of bail. The plea has cited the top Court’s order in the case of State of U.P. v. Amarmani Tripathi, (2005) where the court had held that the matters to be considered in an application for bail are as follows: Whether there is any prima facie or reasonable ground to believe that the accused had committed the offence Nature and gravity of the chargeSeverity of the punishment in the event of the convictionDanger of the accused absconding or fleeing, if released on bailCharacter, behaviour, means, position and standing of the accusedLikelihood of the offence being repeatedReasonable apprehension of the witnesses being tampered with · Danger of course of justice being thwarted by grant of bail… The Court had further observed in its judgment that while a vague allegation that the accused may tamper with the evidence or witnesses may not be ground to refuse bail, if the accused is of such character that his mere presence at large would intimidate the witnesses or if there is material to show that he will use his liberty to subvert justice or tamper with the evidence, then bail will be refused. While citing Supreme Court’s judgement in case of Mohd. Haroon v. Union of India, (2014) whereby it had directed the State Government to file for cancellation of bail granted to the those who had committed heinous offences, in light of the Muzaffarnagar riots in 2013, the petitioner has stated the accused are similarly placed, and were responsible to incite people in a communally surcharged atmosphere to attack, vandalise, commit dacoity and for the large scale destruction of public and private property by the mob, only to further their political motives.Click here to download the OrderSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more