Free Marzieh Hashemi!

first_imgOn Jan. 13, U.S.-born journalist Marzieh Hashemi was arrested at St. Louis Airport while on her way to visit a sick family member in Denver. Hashemi, an African-American Muslim, has not been charged with a crime.Yet she was transported from St. Louis to Washington, D.C., in chains, stripped of her clothing, given only a tee shirt to wear, and offered pork meals in a disgusting effort by her kidnappers to humiliate and degrade her. Meanwhile, the U.S. government served subpoenas to her children, who live in the United States, to appear before a grand jury.The FBI claims she is being held as a material witness for a criminal case and is not charged with anything. This means that she can be held indefinitely.It is no unusual thing for a Black woman, or any Muslim woman for that matter, to be treated in such a disgusting and criminal way by the so-called U.S. justice system. Some advocates voice legitimate concern that Hashemi’s work on the Black Lives Matter movement is what earmarked her for state repression. It is also likely that her kidnapping and detention are part of the ongoing effort by the U.S. to crack down on the Islamic Republic of Iran.Marzieh Hashemi was studying at the University of Louisiana when she came into contact with international students supporting the Iranian Revolution of 1979. That revolution overthrew the U.S.-backed torturer Mohammed Reza Pahlavi and ushered in an era of self-determination for the Iranian people. After marrying an Iranian, she migrated to Iran to work as a journalist.She is best known as an anchor for PressTV, an international Iranian news syndicate. Her stories prominently featured the Black Lives Matter struggle, letting the world know about the Black community’s own struggle for self-determination. Born and raised in New Orleans, Hashemi was no stranger to white supremacy and racism, and sought to expose these crimes at every opportunity.The fact that the U.S. is holding several Iranian citizens captive as bargaining chips against the Iranian government is not new. However, this is the first time they have kidnapped and held a U.S.-born citizen in relation to the Trump regime’s crackdown on the Islamic Republic.In addition to the U.S. insistence that the Canadian government turn over Meng Wanzhou, the CFO of Chinese company Huawei — allegedly because she violated the genocidal U.S. sanctions against oil-rich Iran — this seems to indicate aggressive maneuvering and a possible ramping-up of hostilities against Iran, one of the strongest bulwarks against U.S. imperialism in the Middle East, Central Asia and worldwide.We join with the rest of the world’s working class and oppressed in demanding the immediate release of Marzieh Hashemi. Online petitions can be found at both here and here.We urge readers to sign them. Let’s not stop until Marzieh is free! Hands off Marzieh, her family, and the Islamic Republic of Iran!FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare thislast_img read more

Want justice for George Floyd? Jail & convict killer cops! — a WW commentary

first_imgProtesters at the Minneapolis police department before being assaulted by cops, May 26.May 27 – It was déjà vu, all over again. Another Black man captured on videotape, first, being tortured and, then, being choked to death by a white police officer.  It was almost six years ago when, on July 17, 2014, millions of people watched in horror when 43-year-old Eric Garner was put into a chokehold by a Staten Island, N.Y., white police officer. Garner could be heard saying, repeatedly, “I can’t breathe,” before he died of cardiac arrest.  From that tragic day until the summer of 2019, it took the New York Police Department five years to fire the murderous cop Daniel Pantaleo, who, up until that time, had been on “administrative leave” and still on the payroll.  A grand jury opted not to indict Pantaleo for first degree murder, but Ramsey Orta, a Puerto Rican bystander who videotaped the murder, has been imprisoned since 2016 — his punishment for exposing this heinous crime.  Fast forward to 2020, when on May 25, a 46-year-old Black man in Minneapolis George Floyd — known to his friends and co-workers as “Big Floyd” — was also choked to death by a white police officer, who pressed his knee into Floyd’s neck for nearly eight minutes while three other officers looked on. Floyd, who was handcuffed during the assault, was a close friend of former National Basketball Association player Steven Jackson.  This atrocity was captured on a 10-minute videotape by Darnella Frazier. Floyd could be heard echoing the words of Garner: “I can’t breathe.” He was also heard saying, “My stomach hurts. My neck hurts. Everything hurts. Give me some water or something. Please. Please.” (CNN, May 27)His pleas were ignored until he lay motionless and was pronounced dead at Hennepin County Medical Center. Floyd had been accused of trying to pass a fake $20 bill at a convenience store.  The cop who killed Floyd, Derek Chauvin, and the other three cops with him were fired, but as of May 27 none of them have been arrested or charged with murder — a demand that Floyd’s family and many others have made publicly. Violent attack on protestersOnce the video went viral on social media, hashtags #GeorgeFloyd and #GeorgeFloydwasmurdered became top trends on Twitter. Even when the mayor Jacob Frey announced the firing of the four officers, this did not prevent a multinational crowd of thousands, Black, Latinx, Indigenous and white, from taking to the streets of Minneapolis, despite ongoing concerns around social distancing.   Most of the protesters were wearing masks while chanting, “No justice, no peace,” “Jail killer cops,” “Abolish the police” and “Black Lives Matter.”   Parents even brought their masked children to the march.This defiant act demonstrated how angry and passionately the people wanted to protest this murder, just as Black residents, wearing masks, took to the streets of New Brunswick, Ga., earlier this month over the February murder of Ahmaud Arbery by a white supremacist father and son.   Once the protesters reached the Third Precinct Headquarters, where the four cops were based, they carried out a mini-rebellion, slashing police car tires and breaking precinct windows.  The police retaliated by firing chemical irritants and rubber bullets. To relieve the excruciating pain, people ran into stores to get milk to douse on their stinging eyes. Despite the brutal assault by the police, the protest lasted for hours, until 9 p.m. when rain dispersed the crowd.  Minneapolis protest, May 26.Why abolish the police? When former San Francisco quarterback Colin Kaepernick took a knee during the playing of the national anthem in the 2016-17 football season, he was compelled to take this action following the police murders of Alton Sterling in Baton Rouge, La., and Philando Castile in a suburb of Saint Paul, Minn., the previous summer.  Since taking this heroic stance, Kaepernick has been “blackballed” by the National Football League owners and hierarchy. He has not taken another snap from center since the end of the 2017 season. Kaepernick was bringing worldwide attention not only to these two particular murders, also caught on video, but also to the rampant epidemic of police brutality and racist injustice — from racial profiling to outright killing of unarmed Black and Brown people, no matter their age, gender or disability. That is why Kaepernick’s actions still resonate today whenever there is a police killing.  The police are not just armed individuals in uniform. They are a deadly force that is part of the repressive state apparatus, like the prisons, courts, military, etc., that exist above society’s laws to protect the interests of the tiny, super-rich clique that administers the profits of Wall Street.  These interests are diametrically opposed to the interests of the billions of workers and oppressed people, a global class who own nothing but are forced to struggle daily for the right to basic human needs to live and thrive — jobs, housing, health care, food, education and much more.  The ruling class depends on the extralegal arm of the state to defend their interests. This is why the police take a hands-off position toward armed neofascists demanding the reopening of businesses during the pandemic. But they are more than willing to attack unarmed protesters demanding justice for victims of police brutality — like Rodney King in 1991, Michael Brown in 2014 and George Floyd this week. People are more and more connecting these dots.  The police do not exist under capitalism to “protect and serve” the people. The police exist to protect and serve the private property of the ruling class by reinforcing, in a repressive manner, white supremacy from the top down, especially the disproportionate war against people of color.   The only real justice for the Eric Garners, Breonna Taylors and George Floyds of the world is to abolish the police. That can only come about with, first, the jailing of killer cops and, ultimately, the abolishment of capitalism through a socialist revolution that once and for all puts workers and oppressed people in power.  FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare thislast_img read more

News Now 4/3/19

first_imgBehind the runway: One TCU student’s experiences at Fashion Week TCU 360 Staffhttps://www.tcu360.com/author/tcu-360-staff/ TCU 360 Staff Sustainability is the new green: Fashion companies work towards environmentally-conscious practices Linkedin TCU 360 Staffhttps://www.tcu360.com/author/tcu-360-staff/ + posts Twitter ReddIt TCU 360 is an official, student-produced product of the School of Journalism at Texas Christian University. Pantone: Color of the year 2020 Facebook Facebookcenter_img printThis week on TCU News Now, an update on the men’s basketball team and a look at how two students turned inspiration into innovation. Twitter ReddIt Previous articleHoroscope: April 4, 2019Next articleWomen’s basketball see season end in 59-53 loss to Arizona in WNIT semifinals TCU 360 Staff RELATED ARTICLESMORE FROM AUTHOR TCU 360 Staffhttps://www.tcu360.com/author/tcu-360-staff/ Linkedin Return of the disco: Latest fashion trends mirror the 1970s TCU 360 Staffhttps://www.tcu360.com/author/tcu-360-staff/ TCU News Now 4/28/2021 TCU News Now 4/21/2021 TCU News Now 4/14/2021last_img read more

Bord Bia spreading the taste of #Irishfood worldwide during St Patrick’s…

first_imgShannondoc operating but only by appointment Walk in Covid testing available in Limerick from Saturday 10th April New click’n’collect online service will bring relief to food producers TAGS#IrishfoodBord BiaChinafeaturedfoodGermanyitalylondonparis RELATED ARTICLESMORE FROM AUTHOR Pigtown Culture & Food Series is back WhatsApp Email Print Bord Bia presenting Irish Food in LondonBord Bia presenting Irish Food in LondonOver 100 events planned by Bord Boa to promote #Irishfood and drink this weekAs the world prepares to celebrate St. Patrick’s Day and all things Irish this week, Bord Bia will maximise the opportunity to promote #Irishfood and drink to a global audience. From Abu Dhabi to Zagreb, through its network of international offices, Bord Bia is coordinating over 100 promotional activities and events aimed at consumers, retailers, trade and foodservice operators. Irish food and drink exports reach over 175 countries around the world and were worth €10.8 billion in 2015.Aidan Cotter, Bord Bia’s Chief Executive emphasised the importance of the celebration to the agri-food industry stating, “St. Patrick’s Day provides Bord Bia, and the Irish food and drink industry, with an invaluable opportunity to highlight the quality and sustainability credentials of our produce. Events and promotional campaigns allow us engage with new and existing customers to tell the story of Origin Green, our industry and its producers, on a scale unmatched by the national day of any other country.”From Stockholm to Shanghai, over 100 events will highlight #IrishfoodSign up for the weekly Limerick Post newsletter Sign Up In the UK, Ireland’s largest export market, Bord Bia is coordinating major in-store Irish food promotions across 100 retail stores. Products such as prime Irish beef, Kerrygold Dubliner Cheese, Irish pork sausages, Cully & Sully and Irish drinks will be given prime positioning. The in-store activities will be boosted by an online promotion and social media campaign featuring chef Paul Foster from GreatBritishChefs.com, the fastest growing food website in the UK.Sunday marked the start of Bord Bia’s UK events with over 80,000 Londoners sampling dishes ranging from slow cooked Irish beef stew and to Irish farmhouse cheeses at Bord Bia London’s ‘Irish Food Market’. The market was a central part of the Mayor’s St. Patrick’s Day Festival which took place on Trafalgar Square. In addition, almost 1 million UK consumers tuned into Channel 4’s Sunday Brunch programme to hear more about Irish food and drink, most notably Poitín.Meanwhile in Paris, the Chefs Irish Beef Club, Bord Bia’s international initiative that unites Michelin star and award-winning chefs who use and endorse Irish beef, will host an event to welcome its newest member, Claude Colliot. Irish Hereford beef features on the menu of Claude’s high-end restaurant in Paris. Bord Bia has also secured an Irish beef promotion with Monoprix, the leading premium multiple retailer in France. The promotion will take place in over 100 stores and will be supported by in-store tastings.Over 30,000 German consumers enjoyed Irish food during the St. Patrick’s Day Parade in Munich yesterday. Bord Bia also hosted a German media and trade event at the esteemed Scholss Elmau restaurant in Munich. Mario Corti, a Michelin Star chef and a Chefs Irish Beef Club member, served Irish Hereford and Black Angus beef and briefed local media on the premium quality of Irish beef.Irish food and drink will also take centre stage in Sweden’s top three restaurants based in Stockholm. Bord Bia has joined forces with the Irish Embassy in Sweden to organise an event allowing several Irish food and drink companies, including Tullamore, Jameson, Burren Smokehouse, Kelly’s Oysters and Dawn Meats to name but a few, to showcase their products to key trade buyers.An Tánaiste Joan Burton will join Bord Bia in Italy for a meeting at Metro’s headquarters in San Donato Milanese. Metro currently supplies over 53,000 restaurants, 68,000 bars and 23,000 private and public canteens and is a key buyer for Irish beef and related products. Meanwhile, Bord Bia Spain is running an Irish beef promotion with premium retail chains AlCampo and El Cortes Ingles across a number of their flagship stores.Further afield, Bord Bia China is planning an online promotion of Irish seafood with SF Best, a leading Chinese e-commerce platform with a reach of 1.5 million customers daily, while premium Irish oysters will be launched at restaurant chain Oodling in the cities of Shanghai and Hongzhou. The promotion is expected drive sales of over 4,000 premium Irish oysters throughout St. Patrick’s week and will build on Ireland’s reputation as a source of quality, natural and sustainable seafood.In the Middle East, Bord Bia Dubai has engaged with Spinneys, the premium retail chain, to run in-store promotions and their popular weekly magazine will feature Irish products in the lead up to St. Patrick’s Day.In Moscow, Bord Bia will host a trade reception for 90 targeted drink buyers and distributors, highlighting Irish whiskey and craft beers in particular. Although import sanctions are in place, Bord Bia continues to maintain and develop relationships with key buyers in this market.This Tuesday, An Taoiseach Enda Kenny will present a hamper of Irish food and drink products to the Obamas and Dr. Jill Biden during his visit to the White House. The Bord Bia hampers represent Ireland’s food and drink exports to the US including Irish beef, confectionary, oatmeal, tea, coffee, seafood, butter, whiskey, relishes and preserves, craft beer, crackers, bread and farmhouse cheese.Finally, Bord Bia has distributed samples of Irish salmon, farmhouse cheeses, beef and air dried lamb to embassies across all continents, to ensure that influential guests attending official St. Patrick’s Day events experience the best of Irish food and develop a taste for more.For St. Patrick’s Day recipe ideas, visit www.bordbia.ie/IrishFoodIrish Food & Drink Industry Facts:·         Exports reached €10.8 billion for the first time in 2015·         Ireland’s food and drink has a large global reach – exporting to 175 countries worldwide·         Ireland is the 4th largest net exporter of beef in the world·         Produces 10%+ of global infant formula·         Produces 50%+ of all global cream liqueur·         Irish whiskey is the fastest growing spirit category in the [email protected]center_img NewsBord Bia spreading the taste of #Irishfood worldwide during St Patrick’s festivalBy Staff Reporter – March 14, 2016 1123 Twitter No vaccines in Limerick yet Bord Bia unveils support measures for food, drink and horticulture businesses affected by COVID-19 Previous articleAmbulance and car collide outside Adare Co LimerickNext articleLimerick ED talks adjourned Staff Reporterhttp://www.limerickpost.ie Facebook Advertisement Linkedinlast_img read more

Education is key for Fianna Fail re-emergence – Deputy McConalogue

first_imgNews Three factors driving Donegal housing market – Robinson RELATED ARTICLESMORE FROM AUTHOR Twitter Facebook WhatsApp Pinterest Almost 10,000 appointments cancelled in Saolta Hospital Group this week Google+ Education is key for Fianna Fail re-emergence – Deputy McConalogue Twitter Guidelines for reopening of hospitality sector published center_img Facebook Google+ Previous articleHospital manager praises staff response to emergencyNext articleIFA want Agriculture Minister to secure 50% advance in Single Farm Payment News Highland Calls for maternity restrictions to be lifted at LUH Pinterest Business Matters Ep 45 – Boyd Robinson, Annette Houston & Michael Margey By News Highland – June 25, 2012 LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton WhatsApp Donegal North East Deputy Charlie Mc Conalogue says education policy can be the key to Fianna Fail’s re-emergence as a political party.Deputy Mc Conalogue was speaking after a weekend conference which reaffirmed the importance of ecucation to future economic recovery, and called for more investment to protect small schools and ensure that support services are maintained.After a weekend poll in the Sunday Business Post gave Fianna Fail 18% support, Deputy Mc Conalogue said the public are punishing the party for the current economic situation.Education he believes, can be the policy area that brings the party in from the cold:[podcast]http://www.highlandradio.com/wp-content/uploads/2012/06/charl830.mp3[/podcast]last_img read more

‘Take Care Of Your Students’ : SC Asks ICAI To Be Flexible On CA Exam ‘Opt Out’ Option; ICAI To Modify Notification

first_imgTop Stories’Take Care Of Your Students’ : SC Asks ICAI To Be Flexible On CA Exam ‘Opt Out’ Option; ICAI To Modify Notification Sanya Talwar28 Jun 2020 11:52 PMShare This – xThe bench suggested that the option to ‘opt out’ must be kept open till last exam.The Supreme Court on Monday stressed that the Institute of Chartered Accountants of India (ICAI) should be flexible with the ‘opt-out’ scheme for the CA examinations to be held between July 29 & August 16, considering the COVID-19 pandemic situation.A bench comprising Justices AM Khanwilkar, Dinesh Maheshwari & Sanjiv Khanna asked the ICAI to come out with a fresh notification…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?LoginThe Supreme Court on Monday stressed that the Institute of Chartered Accountants of India (ICAI) should be flexible with the ‘opt-out’ scheme for the CA examinations to be held between July 29 & August 16, considering the COVID-19 pandemic situation.A bench comprising Justices AM Khanwilkar, Dinesh Maheshwari & Sanjiv Khanna asked the ICAI to come out with a fresh notification in this regard. The matter will be next considered by the bench on July 2.The bench was hearing the petition filed by the India Wide Parents Association challenging the “opt out scheme”, and seeking more centres for CA exam. The Petitioner, through Advocate Alakh Alok Srivastavan, submitted that the ICAI announced it will conduct the May 2020 cycle Chartered Accountants examination between July 29 to August 16.On July 15, the ICAI notified that the students can avail an ‘opt-out’ option, as per which their attempt will be treated as cancelled, and will be carried forward to the exams scheduled in November. The deadline for opt-out option is tomorrow, June 30. This was challenged as highly discriminatory and arbitrary by the petitioner.  During Monday’s hearing, the bench batted for flexibility in the scheme.The bench said that the situation due to pandemic was not “static” and was “dynamic”. So, the option for opt-out must be kept open till last exam.The ICAI told the bench that the limited window of choosing to opt-out was kept to have a sense of certainty as regards the number of students taking the exam.  Senior Advocate Ramji Srinivasan, ICAI’s counsel, said that 53,000 students have already opted out from taking the CAexam to be held in July-August.But the bench pointed out the pandemic situation was constantly changing, and containment zones were always shifting.”Those who have not opted out and are unable to take exam due to any exigency, let those students have the same benefit as someone who has opted out”, Justice Khanwilar suggested.”If someone does not appear for the CA exam, treat them as opted out. As simple as that. Assume that it is COVID-19 related”, the judge added.”You have to make a provision then that if a student passes the exam in November, you have to say that it means they have passed the exam in July”, the bench said.The bench made two suggestions :Opting out shall remain active till last paper. Guidelines issued by MHA for conduct of CBSE exams should be adopted. “Don’t make taking of any CA exam difficult for students. Don’t make this semester-based opting out. You (ICAI) are a professional body. Take care of your students”, the bench told Senior Advocate Ramji Srinivasan, counsel for ICAI.”Once the option of opting out is kept open till last paper, no other logistic concern would be relevant”, the bench remarked.The bench also said that the the option to change CA exam centre needs to be open till the last week before examination date.”The change of centre  should be open for all till the end. Till the last week, you need to be flexible, you cannot be rigid”, the bench said.Srinivasan told the bench that a modified notification will be issued addressing the concerns raised by the bench.Srinivasan says that he shall bring on record the notification in two days.Khanwilkar J: You bring the notification, we’ll approve it and you can go ahead with it. Matter listed for Thursday, July 2. @theicai shall get back with a comprehensive notification on the said.— Live Law (@LiveLawIndia) June 29, 2020The bench however was not appreciative of the petitioner’s plea for free transportation facilities to exam centres.”Do you expect a bus to go to every aspirant’s residence to pick them up?”, the bench asked Advocate Alakh Alok Srivastava, petitioner’s counsel.Filed by the President of India Wide Parents Association, the plea states that said “Opt-Out” option discriminates against students on account of the fact that some students who are living in remote areas of the country or are currently in containment zones are bound to choose the “opt-out” option and are thus slated to lose one “one precious examination attempt” of taking the said examination.In order to ensure that there is at least one Examination Centre in every district of India so that maximum students can take the exams, the plea prays for increasing the number of Examination Centres. as there are only 259 centres in India and 5 Centres overseas, whereas there are 739 districts in India.”….it is apparent from the above that the Respondent No.1 ICAI is only conducting the aforesaid Examinations in about 30% districts in India. Meaning thereby that the students/ aspirants living in other 70% districts of India, would be required to travel from their homes for long distances, to other districts, in order to appear in the aforesaid Examinations, which will put their lives in immense threat of deadly pandemic of COVID-19″ – Excerpt of PleaThis, the plea states would ensure that that the risk of contracting infection is minimised as students would not have to travel long distances to partake the examinations.Additionally, the petitioner prays for free transportation and free accommodation for those students who are not in close proximity to their respective Examination Centres in order to protect them from “unnecessary harassment” and for “e-Admit Cards to be issued to the captioned students, as E-passes for free movement of such students in containment/ red zones during examinations”.Moreover, the petitioner is praying for stand-by Examination centre for those centres which are “likely to go into containment zones”.Subscribe to LiveLaw and help us provide quality content. 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Due-Process Paranoia And Virtual Arbitration In India

first_imgColumnsDue-Process Paranoia And Virtual Arbitration In India Yuvraj P. Narvankar5 Nov 2020 1:30 AMShare This – xThe arbitration has always been one of the swiftest ways of resolution of any dispute. The flexibility and ability to adapt are core features of Arbitration. When the local and national courts are struggling to keep their doors open for the litigants in quest of justice, the international arbitral institutions have taken aggressive measures to keep the show going, albeit with its own…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?LoginThe arbitration has always been one of the swiftest ways of resolution of any dispute. The flexibility and ability to adapt are core features of Arbitration. When the local and national courts are struggling to keep their doors open for the litigants in quest of justice, the international arbitral institutions have taken aggressive measures to keep the show going, albeit with its own set of challenges. Though the latest parliamentary panel 103rd Report strongly recommends extending virtual court to cover arbitration hearings[1], unfortunately, in India both ad-hoc and institutional arbitrations are still struggling to find their way out from this virtual maze with tremendous anxiety for the fate of their Award in the event, they hold the arbitrations virtually, more so when one of the parties oppose it. The respondents, be it in litigation arbitrations, is a huge beneficiary of the delay and therefore consensual virtual hearings is a distant dream. The Arbitrators in India must overcome this due-process-paranoia and apply their minds to finding a way ahead since virtual is going to be a reality. In doing so, they can heavily borrow from the protocols and guidelines issues by several international arbitral institutions. Particularly ad-hoc arbitrations in India are sleeping giants who have forgotten their power under Section 19 of the Arbitration Act which authorizes them to conduct the proceedings in the manner they consider appropriate, parties failing to agree on the procedure to be followed. Due exercise of this discretionary power and regard to certain criterion, protocols and guidelines can certainly remedy this Due Process Paranoia. Decision with respect mode of conduct of arbitral process:The arbitrators are master of the proceedings under Section 19 of the Arbitration Act and before initiating the arbitral process virtually/remotely, the arbitrators must consider certain important factors since virtual hearings in some situations can adversely affect the level-playing field between the parties resulting in denial of Equal opportunities and equal treatment of parties which is the core of arbitral process as per Section 18 of the Arbitration Act. Following factors can be crucial.A Regard must be had to nature of controversy vis-à-vis virtual arbitration. E.g. in a case where extensive site inspection is necessary or where the evidence consists of unduly complex and voluminous documents, the use of virtual hearings can be inconvenient and can affect the sanctity of the arbitral proceedings. Another consideration is the technical preparedness of the parties since parties must have an equal opportunity to present their case and inequality can result from technical limitations. Certain platforms can exceed a party’s technical knowledge. Local problems are also crucial factors. For example, where one of the parties is situated in a locality where there are frequent power failures/ outrages or a low Internet bandwidth, insistence on virtual hearings would impinge upon the principles of natural justice and due process. Such issues can be avoided by parties agreeing to the kind of technology and platform for virtual hearings. Cost concerns would also be equally crucial. “Virtual inequality” can be caused by disparities in parties’ financial positions, since costs of acquiring necessary technological infrastructure may put a party in financial distress. On the other hand, in case of panel of arbitrators, the costs of logistics may be much more than the costs of virtual arbitration. In certain situations, use of hybrid pattern can be more productive instead of exclusive virtual hearings. These include the cases were certain substantive parts of the hearing can be conducted physically and procedural formalities can be had virtually. However, in such circumstances, arbitrators need to ensure that physical hearings have the presence of both the parties otherwise it may lead to anxiety on the part of the party not present physically but virtually.If the request to switchover to virtual mode is made in the middle of arbitration, a due regard must be had to the stage of the process and timeline. E.g. If claimant has cross examined the respondent in-person, and lockdown begins, then respondent may have legitimate apprehension that virtual cross examination of the claimant wouldn’t be as effective as in-person. But if stage of evidence is yet to begin, opposition to virtual mode, may be a dilatory tactic. Similarly, if one party is opposing to virtual mode, past conduct and diligence of such party is a relevant factor to assess the genuine nature of this opposition. After consideration of the aforesaid factors, the arbitrators can take a decision to either conduct or continue the arbitration virtually or remotely or hold hearings in hybrid manner or to delay or postpone the proceedings till the situation returns to normalcy. Initiating the remote/virtual hearings:To avoid any potential challenges to arbitral awards a regard must be had to the agreement between the parties since party autonomy is supreme in Arbitrations. In absence of any agreement between parties about the use of virtual hearings or sans any specific provisions in the procedural rules governing the arbitration, it is necessary to execute special Virtual Hearing Agreement. Such an agreement can be executed separately or can reflect in the correspondence between the parties or can form part of the first Procedural Order. Such a procedural order with respect to virtual hearings must be comprehensive and should deal with following issues:chronological events that necessitated the virtual hearing,Names and details of the participants,Deciding digital platform for conducting virtual arbitration hearings,Necessary technical capabilities and specifications of the system.Method for confirming and identifying all participants, including any technical administratorDos and don’ts for the virtual hearings.possibility of using demonstratives, including shared screen views or electronic hearing bundle hosted on a shared document platform that guarantees access by all participantsUnanimous consent for conduct of arbitration virtually/remotely.Technical guidelines/manuals.Online Etiquette and Due Process Considerations.Deciding the ancillary services to be employed for backup communications or document storage.Several arbitration institutions have devised their own protocols for technical specifications.[2] A useful reference can also be made to Annex I of ICC Guidance Note on Possible Measures aimed at mitigating the Effects of the COVID-19. It provides for checklist for a protocol on virtual hearings. There are several International arbitral institutions which have devised their own rules and protocols for virtual arbitrations.[3] in India, recently, the Delhi High Court issued a guidance note for conducting arbitration proceedings by video conferencing and directed the Delhi International Arbitration Centre to adopt these guidelines with effect from 8th June 2020.[4]As aforesaid, the decision about digital platform can form part of the first procedural order. While choosing the digital platform regard can be had to the following considerations:Functionality and features of the software.Capacity of the platform to show the clear image and crystal-clear audio.Capacity for participants. Capacity of the digital platform to operate with low bandwidth. (In such cases the parties can be asked to record/video graph their submissions and share it via email.)Option of screen sharing for focusing the relevant documents and pages.Optional breakout rooms for the arbitrators and councils to deliberate and discuss privately.Restrictions on recording of the screen for maintaining the confidentiality.[5]Security players and encryption to address privacy and confidentiality concerns.[6]Whether platform is prohibited in particular jurisdiction of either of the parties?Past record or security breaches of the proposed platform.Appropriate decision about the digital platform is important since it bears direct relationship with due process. The arbitrator(s) can also decide if an independent technical third-party support would be required so that the arbitrator and the parties would not be pre-occupied by the technical compliances of the virtual setup, and nitty-gritty is taken care by the experts. While appointing such independent technical support a regard must be had to the party’s concerns about costs and confidentiality and unanimous consent be recorded for bearing the costs equally and limited waiver of confidentiality.Absent these technical experts, the tribunal can arrange a pre-hearing conference and “dry-runs” of the platform to test the technology in advance. The transcription and transcribing services can also be tested similarly, beforehand.Most importantly, the tribunal must set flexible timelines so in the event the proceedings had to be adjourned due to system failure, entire schedule isn’t affected. Also, if one of the parties loses connectivity in the middle of the hearing, the tribunal and the other party must be notified instantly so no submission is made in absence of the other party. Conduct of virtual/remote arbitral hearings:Despite technological advances, a particular concern remains the inability to see mutual reactions around the hearing room. The attorneys accustomed to physical settings and adept at gauging the reactions of the tribunal feel handicapped virtually. It is therefore necessary to minimise the gap between actual physical hearing and virtual hearing. Though several arbitral institutions or bodies have put exclusive rules in place for the governing virtual arbitrations[7], it must be remembered that the rules are merely enabling and it is the arbitral tribunal that must conduct the arbitration in the manner it deems appropriate.The actual conduct of virtual hearings will consist of majorly two parts, firstly, examination of the witnesses and oral submissions.The examination of witnesses: Virtual depositions remain a concern because of limited visual cues from the tribunal. The Supreme Court of India has been cautious by not allowing witness examinations in virtual courts during the pandemic in states until the respective High Courts lay down requisite guidelines.[8] Therefore, be it ad hoc or institutional, there must be rules or directions in place before one begins with virtual examinations. The concerns are several. The Expert witnesses cannot connect with the tribunal, to assess whether the tribunal is on the same page or missing the point. Similarly, the tribunal is unable to see the expert’s body language to test the veracity of the testimony. A good solution is to have a HD camera installed with feature of zoom-in. Virtual cross examination can also be replaced by hot-tubbing to avoid any expert witness tilting in favour of the party who hires it or exaggerating.[9] The factual witnesses must maintain the degree of seriousness which they would maintain in the physical settings and should be so counselled beforehand to avoid the effect of ‘online disinhibition’ during witness testimony. Also, it is the responsibility of the counsels to limit cross-examination only to the relevant issues avoiding the questions about admitted points or contents of documents. Thus, avoiding the temptation to inflate the evidence and agreeing to common ground leads to balanced and quality virtual witness examination. Etiquettes for virtual examination can be summarized as follows: Not to speak simultaneously and mute microphones when not speaking.Use the hand gesture or ‘raise the hand’ feature for interruption.Identify the light source and sit against it so as to make the face more visible and positioning the camera at eye level so witness can look into the camera and not at the screen.Adjustment of camera angle to cover the entire body to observe the body language.Using quality camera and microphone and standard equipment. When the witness is under cross examination, the tribunal can insist for two cameras, one which covers the witness and the other which covers 360-degree viewing of the room. This is to avoid any prompting to the witness. This can also be achieved by showing the entire room at the commencement of the cross-examination and at the end of it and in the meantime, asking the witness to sit facing his back to the door. The witness can also be reprimanded in the event if it looks at any place other than the camera. It is also necessary to ask the witness to share the screen to ensure that no pop-ups or prompts appear on his screen which may prompt him.To arrange for an independent technical support which will share the relevant documents on the screen from the online evidence bundles stored on the cloud or highlight relevant portions.2. Oral Submissions: In the event of Ex-parte arbitration, absent party must be notified of each and every step in the virtual arbitration and such procedural history must elaborately reflect in the Award An experienced Arbitrator knows that Award is actually written for a losing party. Concerns about form of Award: Digitally signed award generally stands at par with the ‘wet ink’ award, but it is advisable to dispatch ‘wet ink’ awards to the respective parties in order to obviate any potential challenge to the award because of its form. Last but not the least crucial factor is the need for change of mentality of the Indian Courts to frown upon the virtual arbitrations with temptation to interfere. If the decision of virtual hearing is taken on correct parameters and conducted in right earnest, the award resulting from virtual process must stand at par with regular award. Thus, pre-empting potential challenges and remedying them, can lead to smoother and effective virtual arbitrations, which is a future of arbitration in India. Views are personal.(Author is a Practicing Lawyer & Fellow of Chartered Institute of Arbitrators (London)) [1] https://thedailyguardian.com/unveiling-103rd-parliamentary-standing-committee-interim-report-on-functioning-of-virtual-courts/ [2] E.g. Article 5 of Seoul Protocol on Video Conferencing in International Arbitration [3] African Arbitration Academy’s Protocol on Virtual Hearings in Africa, COMBAR’s guidance note on remote hearings and DELOS’ checklist on holding arbitration hearings in times of COVID-19 and HKIAC’s Guidelines for Virtual Hearings, ISTAC Online Hearing Rules and Procedures etc. [4] http://www.dacdelhi.org/topics.aspx?mid=55 [5] Guideline No. 9 of HKIAC Guidelines for Virtual Hearings. [6] Cyber-security guidance and protocols have been published by the arbitration community (E.g. the ICCA-NYC Bar-CPR Protocol on Cybersecurity in International Arbitration, the IBA Presidential Task Force’s Guidelines on Cyber Security and the ICC’s Note on Information Technology in International Arbitration [7] ISTAC Online Hearing Rules and Procedures, SCIA Online Arbitration Rules, IDAC India’s Online Arbitration Rules 2020, Guidance Note on Remote Dispute Resolution Proceedings by Chartered Institute of Arbitrators (UK). ACICA Online Arbitration Guidance Note [8] In Re: Guidelines for the Courts’ Functioning Through Video Conferencing During Covid Pandemic, Supreme Court, Suo Motu Writ (Civil) No.5/2020, [9] See Chartered Institute of Arbitrators guidelines on Witness Conferencing. [10] State of Maharashtra v. Praful B. Desai, (2003) 4 SCC 601 Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. 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Kashi Vishwanath Gyanvapi Mosque Dispute: “Judge Behaving In Arbitrary Manner, Against The Spirit Of Judicial Discipline”: Urgent Application Moved In Allahabad HC

first_imgNews UpdatesKashi Vishwanath Gyanvapi Mosque Dispute: “Judge Behaving In Arbitrary Manner, Against The Spirit Of Judicial Discipline”: Urgent Application Moved In Allahabad HC Nupur Thapliyal12 April 2021 8:05 AMShare This – xAn urgent application has been moved by Anjuman Intezamia Masjid Varanasi before the Allahabad High Court in the title dispute concerning Kashi Vishwanath Temple – Gyanvapi Mosque case stating that the Civil Judge acted in the “most arbitrary manner” while passing the order to allow the Archaeological Survey of India for undertaking a survey at the disputed site. The application, while…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?LoginAn urgent application has been moved by Anjuman Intezamia Masjid Varanasi before the Allahabad High Court in the title dispute concerning Kashi Vishwanath Temple – Gyanvapi Mosque case stating that the Civil Judge acted in the “most arbitrary manner” while passing the order to allow the Archaeological Survey of India for undertaking a survey at the disputed site. The application, while praying for staying the effect and operation of the impugned order dated 8th April 2021, states thus: “That the presiding officer of Sri Ashutosh Tiwari the Civil Judge (S. D.) F. T. C. Varanasi is behaving in the most arbitrary manner and is passing the orders against the spirit of Judicial discipline.” Furthermore, the application reads: “…It appears the learned civil Judge concerned is more interested to bypass all judicial disciplines and ethics as well as procedures of law and to establish himself as above the judicial hierarchy as defined under the Civil Procedure Code and had assumed himself as the only authority to decide the entire issue without looking into the legal impediment and bars.” The application has been moved by Senior Advocate F Naqvi and Advocate Syed Ahmad Faizan. While submitting that despite the High Court reserving the judgment in the case and the judge “having full awareness about pendency of the matter before the High Court”, the application states that the lower court kept passing orders on the interim applications moved by the opposite party which according to the applicant is “against the spirit of complete justice as well as the challenge to the entire suit proceeding and its authenticity.” “That respondent/plaintiff had moved applications no. 266Ga which is now fixed for disposal on 08.04.2021 despite fully being made aware by present applicant about judgment reserved by this Hon’ble Court. The objections on behalf of the applicant had been filed but for no avail and learned court below arbitrarily and against the orders of this Hon’ble Court are proceeding to pass orders illegally and without jurisdiction.” The application reads. A Civil Court in Varanasi district of UP vide order dated 8th April 2021 allowed the Archaeological Survey of India to undertake a survey at the disputed site of Kashi Vishwanath Temple-Gyanvapi Mosque. The Court also directed the Uttar Pradesh government to bear the cost of the survey. The Court had issued following directions: • The Director General, ASI shall get a comprehensive archaeological physical survey of the entire site. • The prime purpose of the archaeological survey shall be to find out as to whether the religious structure standing at present at the disputed site is a superimposition, alteration or addition or there is structural overlapping of any kind, with or over, any other religious structure. • The committee shall also trace as to whether any temple belonging to the Hindu community ever existed before the mosque in question was built or superimposed or added upon it at the disputed site. • If so, then what exactly is the age, size, monumental and architectural design or style of the same, and also, as to which of the Hindu deity or deities the same was devoted to. • For this purpose, the DG shall constitute a 5-member committee of “imminent persons” who are experts and well versed in the science of archaeology, two out of which should preferably belong to minority community. • The committee shall be entitled to enter into every portion of the religious structure standing at present at the disputed site; and every artefacts supporting the plaint or defence version shall be properly preserved. • Before entering into survey work at any point of the time, the Committee shall give advance notice to the parties or their counsels, who shall be entitled to remain present. • While carrying out the survey, the committee shall ensure that the people belonging to Muslim community is not prevented to offer Namay at the disputed site. • If due to ongoing survey work, it is not practicable to facilitate the. offering of Namaj to the persons belonging to Muslim community at a particular place, then the committee shall— provide such persons an alternative and suitable place to offer Namaz at any other place within the precincts of the mosque. • The survey work shall be carried out between 09:00 A.M. to 05:00 P.M. • The Committee shall prepare a comprehensive documentation along with site map of the disputed site. • Photography and videography of the entire survey proceeding shall be ensured by the committee as a record of the proceeding. • The committee is expected be throughout aware of the sensitivity of the matter, hence the committee shall always ensure that stakeholders of both Hindu and Muslim religions shall not be subjected to any partisan or preferential treatment and both shall be equally respected. • Entire survey work shall be done in camouflaged manner, i.e. entire disputed site shall be camouflaged before the commencement of survey and till the same is finished. No general public or media person shall be allowed to have access to witness the ongoing survey work. • The DG shall also appoint an imminent and highly experienced person who can be regarded as expert in the science of archaeology to act as the observer for the committee so constituted.Next Storylast_img read more

Talks agreement averts stoppage at Peugeot plant

first_img Car maker Peugeot has averted an all-out strike by staff at its Ryton plant in Coventry, which would halt production of the successful 206, by agreeing to a further three weeks of talks with the Transport and General Workers Union.Employees at the assembly plant narrowly voted in favour of an all-out stoppage starting on 21 August in opposition to new shift patterns the company is trying to introduce to put it in line with its French plants.But as Peugeot closed down for its three-week summer break on 1 August, a deal was made with the TGWU to suspend the action to allow for more talks.The talks will start the first day back on 21 August, beginning a third set of negotiations. The sticking point is around Friday night working, which takes working hours above the agreed 36 and three-quarters.All other issues agreed by management and the union, including making 900 new starters’ positions permanent, and commitment to investment, have been accepted by the workforce.A one-day stoppage took place at the plant on 27 July. Previous Article Next Article Talks agreement averts stoppage at Peugeot plantOn 8 Aug 2000 in Personnel Today Comments are closed. Related posts:No related photos.last_img read more

Web cuts cost of finding trainees

first_imgWeb cuts cost of finding traineesOn 5 Jun 2001 in Personnel Today Leisure company UCI’s online recruitment of trainee managers hasdramatically cut costs and speeded the process up, claims the company’s head ofHR. Karen Fenton said that UCI has saved £1,060 in recruitment costs pertrainee, which represents a 66 per cent fall. “We don’t have huge HR teams anymore, and traditional forms ofrecruitment are very labour-intensive. Using the Web was the idealsolution,” she said. “The campaign began in March this year, and thewhole selection process has taken less than a month.” UCI invited applicants to fill in an online application form, followed by anonline behavioural questionnaire covering core competencies. The final stage ofthe assessment involved a day of numeracy and verbal reasoning tests, as wellas team activities. The recruitment scheme was marketed with a Crouching Tiger, Hidden Dragontheme. Of the 355 applications received online, UCI put 15 management traineesinto an accelerated training programme – cutting their induction period from ayear to 12 weeks. Related posts:No related photos. Comments are closed. Previous Article Next Articlelast_img read more