31-Jul-2019: Cabinet approves signing of the UN Convention on International Settlement Agreements resulting from mediation by India
The Union Cabinet chaired by Prime Minister Narendra Modi has approved the signing of the United Nations Convention on International Settlement Agreements (UNISA) resulting from mediation by the Republic of India scheduled to be held at Singapore on 7th August, 2019, or at United Nations Headquarters.
Benefit: Signing of the Convention will boost the confidence of the investors and shall provide a positive signal to foreign investors about India's commitment to adhere to international practice on Alternative Dispute Resolution (ADR).
Initiatives to promote ADR Mechanisms: In order to encourage international commercial arbitration in India, to evolve a comprehensive ecosystem of arbitration the Government is establishing the New Delhi International Arbitration Centre (NDIAC) as a statutory body. The Commercial Courts Act, 2015, has been further amended and legislative exercise to further amend the Arbitration and Conciliation Act, 1996, is currently underway. These initiatives are being taken with a view to encourage the settlement of commercial disputes, domestic and international, in India through ADR Mechanism of Arbitration, Conciliation and Mediation. A new Chapter (IIIA) has been inserted in the Commercial Courts Act, 2015, for mandatory pre-institution mediation and settlement in certain category of cases. Therefore, the provisions of the 'Convention' are in line with the domestic laws and the efforts made to strengthen Alternative Dispute Resolution Mechanisms.
Background: The United Nations General Assembly adopted the United Nations Convention on International Settlement Agreements Resulting from Mediation ("the Convention") on 20th December 2018. The General Assembly authorized that the Convention will open for signature at a signing ceremony to be held on 7th August 2019 in Singapore and will be known as the "Singapore Convention on Mediation" (the Convention).
The Convention provides a uniform and efficient framework for the enforcement of international settlement agreements resulting from mediation and for allowing parties to invoke such agreements, akin to the framework that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (the "New York Convention") provides for arbitral awards. The Convention defines two additional grounds upon which a court may, on its own motion, refuse to grant relief. Those grounds relate to the fact that a dispute would not be capable of settlement by mediation or would be contrary to public policy.
28-Jun-2019: Sister-city agreement between Kobe and Ahmedabad
In a bid to cultivate, promote and enhance opportunities on business, academic and cultural fronts between Kobe in Japan and Ahmedabad in Gujarat, India, a sister-city agreement has been inked between the two cities.
This agreement will formalize the relationship between the two cities, both of which are unique in their own ways. While Kobe is the Creative Design City of Asia, Ahmedabad is India’s first World Heritage City.
After the agreement, a plan will be laid out on creating more opportunities for cooperation between the two cities on the academic, cultural as well as business fronts.
Kobe is located in the Hyogo Prefecture in Japan. PM Narendra Modi and Japanese PM Shinzo Abe have also inked a sister-state agreement for Gujarat and Hyogo Prefecture.
14-May-2019: Comprehensive Nuclear-Test-Ban Treaty Organisation (CTBTO) offers India 'observer' status
In a renewed effort, the Comprehensive Nuclear-Test-Ban Treaty Organisation (CTBTO) has offered India an 'Observer' status and access to state-of-art International Monitoring System (IMS) data.
More than 20 years have passed since the CTBT opened for signature in 1996, with the objective of banning all nuclear explosions everywhere and by everyone. Till today, it has not been able to become a global law because it is considered as 'discriminatory' by countries such as India.
CTBTO Executive Secretary Lassina Zerbo invited India to participate in the science and technology conference scheduled for next month, which will bring together around 1,000 scientists, technologists, academics and CTBTO policy-makers. The conference will be addressed by former United Nations Secretary-General Ban Ki-moon on June 24. The conference is intended to bring the countries that are not signatories to the CTBT. India can come and participate in scientific and technological discussions where you can see what is up there and make a decision whether to join us as an observer or not.
India is an emerging global superpower. It is now a member of the Nuclear Suppliers Group (NSG) with a clear nuclear programme. India has always championed the cause of a nuclear weapon-free world, but being a sovereign nation with the hostile neighbourhood, it should be prepared to protect itself. That does not mean we should not engage in dialogue. India can become a CTBTO Observer.
A few years ago, a delegation was sent to Pakistan as well as India offering Observer status. While Pakistan accepted, the delegation could not even meet Indian authorities.
Benefits of becoming an Observer: India can benefit immensely from becoming a CTBTO Observer. Over the years, the organisation setting has changed a lot. For instance, the virtual Data Exploitation Centre (vDEC) provides scientists access to IMS data to conduct research and to publish new findings.
The strong relationship between the scientific and technological community and the CTBTO helps ensure that the IMS remains at the forefront of technological innovation and that no nuclear explosion goes undetected.
CTBTO had task leader for data confidentiality, which does not exist anymore. It is an established fact that IMS, consisting of 337 facilities worldwide, is the most sophisticated system. The benefit of such a system has to go to all countries. India has a lot to gain.
In 2006, North Korea has conducted a one-ton yield nuclear test which was detected by IMS which was only 50 per cent then. Now, over 90 per cent of the facilities are already in operation. I will fight for India getting access to IMS data even if it is just an Observer and does not ratify the treaty.
When asked why the CTBTO was not putting pressure on the United States, China, North Korea and Pakistan to ratify the treaty, the official said China had been taking small steps and in the last 15 years, five IMS stations had been certified in China. The United States has not cut the funds.
About The Treaty: The 1996 CTBT bans all nuclear explosions, everywhere and by everyone. Before the CTBT can enter into force, all of the 44 countries listed in Annex 2 of the Treaty must ratify. These countries possessed nuclear power or research reactors when the CTBT was negotiated. Eight of the Annex 2 States have not yet ratified; the People's Republic of China, the Democratic People's Republic of Korea, the Arab Republic of Egypt, the Republic of India, the Islamic Republic of Iran, the State of Israel, the Islamic Republic of Pakistan and the United States of America.
The Verification Regime: The IMS consists of 337 facilities worldwide which monitor the planet for signs of nuclear explosions. Over 90% of the facilities are already in operation, and the IDC in Vienna continuously processes this data stream. Both raw data and analysis results are made available to all 184 States Signatories of the CTBT.