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first_img American Lamb Gets Access to Taiwan Market By Hoosier Ag Today – May 17, 2016 The American Sheep Industry Association says the opening of Taiwan to American lamb products will provide long-term export growth. The Association’s President, Burton Pfliger of North Dakota, says opening the market provides an opportunity for high-quality cuts of American lamb that will command a premium in Taiwan. Earlier this week, USDA announced the approval of lamb products for export to Taiwan, a market closed for more than a decade to the sheep industry. U.S. lamb was collateral damage in several key markets, including Taiwan, following the first U.S. case of bovine spongiform encephalopathy, or BSE, commonly known as mad cow disease, in December 2003. Last year, Taiwan imported nearly 18,000 metric tons of lamb and sheep meat products, valued at more than $74 million.Source: NAFB News Service Facebook Twitter SHARE Facebook Twitter Home Indiana Agriculture News American Lamb Gets Access to Taiwan Market SHARE Previous articleAnti-Ethanol Bill a Step Back for Farmers, Consumers Next articlePurdue Top Farmer Conference to Explore Growth Opportunities, Demand Hoosier Ag Todaylast_img read more

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first_imgFaith & Youth Crescenta Valley Community Church: P.U.L.S.E. People United To Serve Each Other Published on Friday, May 18, 2012 | 3:17 pm 9 recommended0 commentsShareShareTweetSharePin it First Heatwave Expected Next Week EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS Community News Community News 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. Subscribe PULSE is a visitation ministry and it’s purpose is to visit and pray for people who are sick, either at home or in the hospital. Pulse will include visiting and praying for the sick, taking a gift of flowers, magazines, books, candy or tape of Sunday service when appropriate. Praying with people prior to surgery, and remaining with the family to support them during the surgery. Assessing other needs such as meals or assistance with home care (ie: house cleaning, childcare, yard work) to be passed on to the Touched by an Angel Ministry or other appropriate ministries to follow up on.PULSE is intended to be a growing and evolving ministry. At present the church will be concentrating on covering church family but still want to be available to serve others in the community should the need or situation present it’s self. That being said please know that one may be asked to visit and pray for someone who is not part of the church body, but who may need a touch of Jesus’ love from them.Crescenta Valley Community Chuch, 4001 La Crescenta Avenue, La Crescenta, (818) 249-5805 or visit www.cvchurch.com. Make a comment faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,Virtual Schools PasadenaHomes Solve Community/Gov/Pub SafetyPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimescenter_img Name (required)  Mail (required) (not be published)  Website  Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy Your email address will not be published. Required fields are marked * More Cool Stuff Business News Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday Top of the News HerbeautyThis Trend Looks Kind Of Cool!HerbeautyHerbeautyHerbeauty6 Trends To Look Like An Eye-Candy And 6 To Forget AboutHerbeautyHerbeautyHerbeauty9 Of The Best Metabolism-Boosting Foods For Weight LossHerbeautyHerbeautyHerbeauty6 Strong Female TV Characters Who Deserve To Have A SpinoffHerbeautyHerbeautyHerbeautyShort On Time? 10-Minute Workouts Are Just What You NeedHerbeautyHerbeautyHerbeautyYou Can’t Go Past Our Healthy Quick RecipesHerbeautyHerbeauty Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadenalast_img read more

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first_imgNorovirus Visitor Restrictions Tightened at UHL Facebook NewsEducationFree online health care made available for college studentsBy Staff Reporter – February 5, 2018 1685 TAGSCollegeGPIrish Medical CouncilMichael KerriganVideoDoc Limerick GPs will not turn women away Print Twitter WhatsApp Linkedin Under-40s need measles vaccine as cases climb center_img 374,000 USI student members to have access to free online GP consultationsVideoDoc, the Irish leading digital healthcare provider, is announcing their 7 day a week online GP service will be provided free of charge to all 374,000 student members of the Union of Students in Ireland (USI). The service will be available free from today until the end of the academic year (June 2018).The partnership, which is potentially worth several million euro to the Irish student population, is being launched as part of Healthy Living Week, a USI initiative to promote health & wellbeing in their 37 campuses across the island of Ireland.Speaking at the launch Michael Kerrigan, USI President said “We are delighted to partner with VideoDoc to provide free GP healthcare to our members. With the high cost of living and accommodation being the main factor in student poverty, our students can now rest assured that if they get sick they can save money on a GP visit with VideoDoc.”Sign up for the weekly Limerick Post newsletter Sign Up Mr Kerrigan went on to say, “USI Healthy Living Week is part of our month long health and wellbeing campaign making sure students are educated and enabled to look after their own physical and mental health. This no-cost service will help students, and save them money.”VideoDoc is an Irish company that offers online GP services in Ireland and the UK. Using the VideoDoc App or the VideoDoc website, patients with a desktop or mobile device can log on from anywhere, including their sickbed, office or hotel room and see a GP.Each doctor is registered with the Irish Medical Council . “With VideoDoc we’ve created a GP service that cares not only about patients health but also about their time, convenience and money. Being able to get a quality medical consultation with a local GP anytime between 8am and 10pm, 7 days a week, free for USI students is a revolution in GP healthcare” said Mary O’Brien, CEO and co-founder of VideoDoc.“Our experience of general practice is that about 70% of all GP visits can be treated online. Students who need to see a Doctor but are far from their family GP, or too busy to attend a surgery between regular 9 – 5 working hours can now log on from anywhere and be treated within minutes” she concluded.More about education here. RELATED ARTICLESMORE FROM AUTHOR Email Schools and colleges to close on Thursday and Friday Previous articleLimerick TD announces that €774,095 has been allocated to 140 schools for ICT equipmentNext articleFamous American attorney to lecture at UL Staff Reporterhttp://www.limerickpost.ie Crisis pending as Limerick family doctors face retirement Advertisement 13 schools and colleges in Limerick awarded a Kindness Flag last_img read more

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first_img The Week Ahead: Nearing the Forbearance Exit 2 days ago in Daily Dose, Featured, Market Studies, News The Best Markets For Residential Property Investors 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Previous: Removing Barriers in Foreclosure Documentation Next: How Technology Is Powering Property Preservation Detroit, Indianapolis, and Buffalo are among the least disaster-prone cities to live in. What’s more, these are also among the most affordable for housing, according to an analysis by Redfin.For this study, Redfin analyzed the frequency of five major types of natural disasters—earthquakes, fires, floods, tornadoes, and hurricanes—in the 50 most populous U.S. metro areas. These areas were then ranked according to a metric called the Natural Disaster Hazard Score.Each of the five components was measured on a scale of one to 100, with 100 being the most hazardous metro area for the category. The average of the five components’ frequencies was then taken to get the overall Natural Disaster Hazard Score.“When you buy a home you are paying for more than just the house,” said Daryl Fairweather, Chief Economist at Redfin. “There could be hidden costs associated with natural disasters. If a natural disaster strikes, you may have to pay for damage to your home or for the cost of evacuating your family. And even during times of calm, you may still need to pay for insurance against floods, fire, or earthquakes. Some homes in more hazardous areas might seem more affordable if you are just looking at the sticker price, but they may end up costing more when risks related to natural disasters are factored in.”While Providence, Rhode Island topped this list with a Natural Disaster Hazard Score of nine, it was Detroit, placed second with a score of 10, that topped the list in terms of home affordability. Median home sale prices in the Motor City averaged $125,000Hartford, Connecticut, Las Vegas, and Milwaukee rounded off the top five on this list with Natural Disaster Hazard Scores of 11, 12, and 14 respectively. Indianapolis and Buffalo which ranked sixth and seventh for their overall natural disaster scores were also among the most affordable for housing with median home sale prices at $170,000 and $145,000 respectively.Salt Lake City, Raleigh, North Carolina, and Nashville, Tennessee were also among the 10 least risky cities for natural disasters.With scores of 52 each, Washington, D.C. and Los Angeles were the most at-risk cities for natural disasters according to the study. While residents in the country’s capitals faced risks of hurricanes and flooding, Los Angeles was found to be most at risk from earthquakes and wildfires. These are also the most expensive cities on the list to buy a home with median sale prices of $380,000 and $600,000 respectively. Related Articles Data Provider Black Knight to Acquire Top of Mind 2 days ago April 11, 2019 7,616 Views Tagged with: Home sale price Homes HOUSING natural disaster Redfin Risks Radhika Ojha is an independent writer and copy-editor, and a reporter for DS News. She is a graduate of the University of Pune, India, where she received her B.A. in Commerce with a concentration in Accounting and Marketing and an M.A. in Mass Communication. Upon completion of her masters degree, Ojha worked at a national English daily publication in India (The Indian Express) where she was a staff writer in the cultural and arts features section. Ojha, also worked as Principal Correspondent at HT Media Ltd and at Honeywell as an executive in corporate communications. She and her husband currently reside in Houston, Texas. Sign up for DS News Daily Demand Propels Home Prices Upward 2 days ago  Print This Postcenter_img Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago The Best Markets For Residential Property Investors 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Home / Daily Dose / The Cities Where Natural Disaster Risk Is Lowest Home sale price Homes HOUSING natural disaster Redfin Risks 2019-04-11 Radhika Ojha Share Save The Cities Where Natural Disaster Risk Is Lowest Servicers Navigate the Post-Pandemic World 2 days ago Demand Propels Home Prices Upward 2 days ago Subscribe About Author: Radhika Ojhalast_img read more

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first_imgKnow the LawArbitration Court Reckoner : February 2021 Kanika Singh30 March 2021 6:35 AMShare This – xBy way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of February 2021 under the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the ‘Act’). That while as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left out. That…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?LoginBy way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of February 2021 under the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the ‘Act’). That while as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left out. That also while an attempt is made to include and review some judgments of various other High Courts, the emphasis is essentially on the judgments of the High Court of Delhi and Supreme Court of India. That judgments have been compiled for review with reference to the Section of the Act that they are primarily dealing with and a detailed analysis has been forgone in favour of succinctness. Section 2(2) To oust the jurisdiction of Indian Courts u/s 9, a specific ‘ouster clause’ or ‘exclusive jurisdiction clause’ is required In Mewa Mishri Enterprises Private Limited v AST Enterprises Inc.[1], High Court of Delhi held that the jurisdiction of the Court to entertain Section 9 application will not be ousted merely because the seat of arbitration is outside India. It held that to oust the jurisdiction of this Court, a specific ‘ouster clause’ or ‘exclusive jurisdiction clause’ is required, which admittedly was absent in the case before the Court. The Court held that even though exercise of powers us/ 9 is premised on the underlying principles of Orders XXXVIII and XXXIX of the C.P.C., yet the Court is not unduly bound by the text of these provisions. On the facts of the case, the Court directed the Appellant to either deposit the entire claimed amount in cash with the Registry of the Court or to furnish a bank guarantee. To balance the equities, the Court directed that in the event the respondent-petitioner’s claim is rejected by the arbitral tribunal, then the appellant shall be entitled to claim reimbursement of bank guarantee charges as well as loss of interest that it may have incurred in depositing the money or in providing the bank guarantee. Section 2(h) Jurisdiction is conferred on an Arbitral Tribunal under the Act only by agreement of parties and not by operation of law In M. Mythrai and Ors. v T. Ramesh and Ors.[2] High Court of Madras held that a reading of the Act would indicate that the framers of the Act have not contemplated the impleadment of Third parties, which is clearly evident from the fact that jurisdiction is conferred on an Arbitral Tribunal under the Act only by agreement of parties and not by operation of law as party is defined in S. 2(h) in relation to the arbitration agreement. The Court held that it is the intention of the law makers to restrict the jurisdiction of an Arbitral Tribunal to the four corners of the Agreement and to persons, who are parties to the Agreement. The Court held that while amendment to Section 8(1) by the amending Act 3 of 2016 has expanded this to include “a person claiming under a party to the Arbitration Agreement” , even such a third party should be one who is claiming under a “party to the Agreement”. In the facts of the case, the Court held that agreement by one third party binding herself to the arbitration agreement will not bind other third parties, who were successors in interest from her and who had not given any such consent, and interests in whose favour stood transferred by the consenting third party before she had given her consent. Section 9 Court required to mould relief to secure claim of applicant in arbitral proceedings where Respondent has no assets at all or its assets are fully encumbered In Essar House Private Limited v Arcellor Mittal Nippon Steel India Limited[3] High Court of Bombay held that it cannot be said that the Court is required to dismiss the petition u/s 9 of only on the ground that the opponent has no assets at all or the assets of the opponent are fully encumbered, as that will be against the principles of equitable justice required to be exercised by the Court while exercising powers u/s 9 of the Arbitration Act so as to secure the claim of the applicant in the arbitral proceedings who prima-facie has good chances of succeeding in arbitration. Where default pre-dated the onset of the COVID-19 pandemic, the Petitioner not entitled to relief u/s 9 against termination In Mep Sanjose Talaja Mahuva Road Pvt. Ltd. and Ors. v National Highways Authority of India and Ors.[4], High Court of Delhi High Court of Delhi was dealing with a fact situation where the petitioner had been in prior default, as on 19.02.2020, of its obligations under the concession agreement with the Respondent. The Court held that as default pre-dated the onset of the COVID-19 pandemic, the petitioner would not be entitled to the benefit of Circulars issued by the government/the Respondent giving concession in view of the pandemic, as the said circulars carried the riders i) concessionaire should not be in default under the Concession Agreements as on 19.02.2020 and that (ii) the concessionaires inability or the impossibility of performing the contract had a direct nexus with the unexpected event which it claimed had rendered the performance of the contract impossible. The Court thus declined to grant relief seeking stay of notices of termination of the concession agreement. Section 11 When the appointment of the arbitrator is non-est, being not in accordance with the agreed procedure, the petitioner can directly invoke S. 11, without recourse to S. 14 In Oyo Hotels and Homes P. Ltd. v Rajan Tewari & Anr.[5], High Court of Delhi held that when the appointment of the arbitrator is non-est, being not in accordance with the agreed procedure, the petitioner is within its right to approach the Court for appointment of an arbitrator under S. 11 of the Act directly without recourse to S. 14. A clause which makes the agreement to arbitrate contingent at the discretion of any one party/authority is violative of the provisions of the Act In Technocrats Advisory Services Private Limited v Ministry of Road Transport & Highways[6] High Court of Delhi that clause in the agreement which provided that the matter would not be referred to Arbitration, if it is not possible for a person appointed by IRC to act as an Arbitrator, is in violation of the provisions of the Act as the Act expressly provides for a recourse to a party in case an arbitrator is not appointed as per the procedure set out under the Arbitration Agreement. The Court also held that such a clause would not control the operation of the Arbitration Agreement. It held that the parties having agreed, in unambiguous terms, to refer the disputes and differences to Arbitration, cannot thereafter, include a term which makes the said agreement to arbitrate contingent at the discretion of any one party/authority. The scope of examination at S. 11 stage is preliminary and summary and not in the nature of a mini-trial In Mahindra Susten Private Limited v NHPC Ltd.[7], High Court of Delhi held that the scope of examination by the referral court under S 11(6), into the aspects of existence of the arbitration agreement, or arbitrability of the dispute, is, strictly, prima facie and it is only if, prima facie, the Court finds that no valid arbitration agreement exists, that it would refuse to refer the dispute to arbitration and in undertaking this exercise, the Court should not enter into debatable factual issues. The Court held that unless there are good and substantial reasons to the contrary, the Court is required to compel the parties to abide by the arbitration agreement and it is only in the case where the arbitration agreement is “ex facie non-existent or invalid”, or the dispute is ex facie non-arbitrable, that the court would refuse to refer the dispute to arbitration. On the facts of the case, it held that there can be, therefore, no manner of doubt that the contract between the parties cannot be said to have come into existence only when the Contract Agreement between them was signed, but that a contractual relationship commenced from the date of notification of award by the respondent, i.e. from the date of issuance of the letter of acceptance in the present case and thus held the terms of GCC, which contained an arbitration clause, to be applicable and rejected the Respondent’s contention that there was no concluded contract. Existence/non-existence of the arbitration agreement to be considered by the arbitral tribunal In Rollform Equipment Pvt. Ltd. v Hema Engineering Industries Limited[8], High Court of Delhi held that the issue of existence or non-existence of the arbitral agreement is arguable and appropriately ought to be considered by the arbitral tribunal and appointed the arbitrator in a case where the Respondent was seeking to contend that no concluded contract containing the arbitration clause came into existence. Section 21 Fresh arbitral proceedings post setting aside of an award would require a fresh notice u/s 21 In T.S. Kisan & Company Private Limited v Union of India & Ors.[9], High Court of Madras was called upon to answer the question as to ‘when in case of on an Award being set aside and proceedings with regard to the same subject matter sought to be revived, whether the same has to be commenced with a fresh notice as contemplated under S. 21 of the Act or whether it can be initiated on the basis of the S. 21 notice which was the trigger point for the earlier arbitral proceedings”. The Court held that a fresh notice would be required to be given as S. 11(4), 11(5) and 11(6) would come into play only when the respondent fails to act on this notice contemplated under S. 21. However, the Court clarified that a fresh notice reiterating the subject matter of the earlier dispute will not give rise to a fresh cause of action but is only a continuation of the very same dispute. Section 31(3) Broad premise on which the quantum of awarded amount is founded has to be discernible from award itself In Hindustan Petroleum Corporation Ltd. v Banu Constructions and Ors.[10] High Court of Madras held that while it is not necessary for an arbitral award to justify every paisa or a rupee awarded to the claimant, the broad premise on which the quantum is founded has to be discernible from award itself for the award to be meaningful or even intelligible in legal terms. The Division Bench held that exercise undertaken by the Arbitration Court u/s 34 to rewrite the arbitration award by ascribing reasons in support of the claims allowed and quantum awarded is not the business of the Arbitration Court and such an exercise could not have been undertaken in this jurisdiction or within the limited arena of operation permitted by S. 34 of the Act of 1996. Section 34 Party which did not take steps to collect signed copy of award despite having knowledge of the same, cannot seek to claim limitation from eventual date of collection of signed copy In Hindustan Petroleum Corporation Ltd. v Delhi Transport Corporation[11] High Court of Delhi held that in a case where electronic copy of the award had been provided and the Petitioner had full knowledge of award being passed, then it could not seek to state that limitation only commenced when signed copy was collected by it as it took no steps to get the signed copy collected even after receipt of a communication from the Arbitrator that signed copy had been sent. The Court took exception to the fact that Petitioner had not placed on record, copies of the Dak inward register, to establish that it had not received any communication/courier from the Arbitrator. Despite holding the petition time barred, the Court also proceeded to consider and dismiss it on merits holding that there could be no quarrel with the view taken by the Arbitrator that merely because a contract has become financially unviable, it would not absolve the contracting parties to perform the same. Claim for loss to be substantiated with evidence In Telecommunication Consultants India Ltd. v MBL Infrastructure Ltd.[12] High Court of Delhi set aside the award to the extent it awarded a sum as a “just and fair compensation” to Claimant for wrongful and illegal invocation of the Bank Guarantees. The Court set aside the claim on the ground that Claimant had not substantiated its claims for the losses allegedly incurred by it, as noted by the Arbitral Tribunal itself, and thus Tribunal could not proceed to award any amount as fair compensation for the wrongful invocation of the Bank Guarantees and there is no evidence on record to establish the measure of damages. Similarly, the Court set aside the award qua another claim compensation for “the loss and damages caused due to non-confirmation of the performance certificate issued by Respondent”, holding that while default on part of Respondent was established there was no evidence on record to establish that Claimant had suffered a loss to the aforesaid extent. Limitation for S. 34 petitions which had expired during the lockdown would get only an additional benefit of 15 days from date of lifting of lockdown In New India Assurance Co. Ltd. v Rudraksh Laminates Private Limited[13], High Court of Delhi construed the orders dated 23.03.2020 and 06.05.2020 passed by the Supreme Court in Re: Cognizance for Extension of Limitation[14] to mean that limitation for S. 34 petitions which had expired during the lockdown would get only an additional benefit of 15 days from 01.06.2020 which is the date lockdown for lifted in NCT of Delhi. It further held that if period of limitation expired after lifting of lockdown i.e. after 01.06.2020 , then orders passed by the Supreme Court would not inure to the benefit of the petitioner. Section 36 Limitation to file an execution would not run from the date of award but from the date it became enforceable i.e. dismissal of S. 34 petition In North Delhi Municipal Corporation v Tarun Kumar Jain[15], High Court of Delhi rejected the Execution Appellant’s contention that execution was time barred. It held that period of limitation provided under Article 136 of Limitation Act, which is 12 years, in the facts of the case, could not have stated to have commenced from the date of the award but from the date of dismissal of S. 34 petition as limitation would commence from the date the award became enforceable. Section 37 appeal u/s 37(1)(c) of the Arbitration Act, 1996 would be maintainable against an order refusing to condone delay in filing an application u/s 34 In Chintels India Ltd. v Bhayana Builders P. Ltd.[16], Supreme Court of India held that a order refusing to condone delay u/s 34(3) would be appealable u/s 37(1)(c). The Court held that u/s 37 (1) (c) reference is to entire “S. 34” and thus includes a case where there is rejection u/s S. 34(3) by refusing to condone delay, unlike u/s 37(2)(a), where an appeal lies only when a plea referred to in Sub-section (2) or (3) of Section 16 is accepted and this shows that the Legislature, when it wished to refer to part of a section, as opposed to the entire section, did so. It further held that S. 39(1)(vi) of the 1940 Act is in pari materia to S 37(1)(c) of the Arbitration Act, 1996 and thus judgment in Essar Constructions v. N.P. Rama Krishna Reddy[17], which was a judgment delivered Under S. 39 of the Arbitration Act, 1940 similarly holding appeals against order refusing to condone delay appealable, would apply. The Court also clarified that its observations in BGS SGS Soma J.V. v. NHPC Limited[18] was in a completely different context, namely, as to whether an appeal would lie from an order returning a application to set aside an award u/s34 to be filed in court of competent jurisdiction and it was in that context that such an order was not appealable as it did not lead to the application being rejected finally,. Order issuing notice on only a few grounds u/s 34 not appealable unless it has the effect of upholding any part of the award finally In Landmark Housing Projects P Ltd. v Savithri Naidu & Ors.[19] High Court of Madras made a distinction between a scenario where the arbitral award comprises of several heads and the challenge to certain heads are not entertained or irreversibly repelled at the initial stage and limited notice issued u/s 34 and a second scenario where when diverse grounds are urged to challenge an award and some of such grounds are not entertained and the scope of the challenge is restricted to certain grounds at the initial stage. The Court held that while in the first scenario, a right to appeal u/s 37 accrues, not so in the second scenario. The Court held that the test appears to be whether any part of the arbitral award becomes enforceable as a result of the Court repelling a challenge to a part of the award even at the initial stage, the award-debtor is entitled to prefer an appeal therefrom as the order of the Arbitration Court amounts to refusing to set aside such part of the award and immediately gives rise to a right of appeal in such regard. However no right to appeal accrues when notice is issued on limited grounds and certain grounds are rejected at initial stage. The Court inserted a caveat that in the latter case after final disposal of the S. 34, all the grounds that had been disallowed at the initial stage may be urged in course of the resultant appeal. The Court further observed that Ideally, the grounds challenging an arbitral award should not be confined to certain aspects and other counts of challenge excluded at the initial stage, unless the grounds excluded are scandalous or ex facie impermissible and are directed to be struck out, just as completely unnecessary and scandalous pleadings may be in a civil suit. Section 47 Subject of award for the purposes of S. 47 is to be discerned from nature of relief awarded by arbitral tribunal In Rishima SA Investments LLC v Shristi Infrastructure Development Corporation Limited and Ors.[20]High Court of Delhi held that ‘Court’ as defined in under Section 47 of the Act is a Court distinct from a Court defined under Section2(1)(e) of the Act and the position of law in this respect is unchanged post the 2015 Amendment to the Act. The Court then proceeded to decide what was the subject-matter of the Award which would determine the territorial jurisdiction of the Court in as much as in case the relief is in the nature of a money Award, the place of location of assets of the judgment debtor would give jurisdiction to the Court, while in case it is in the nature of specific performance then the considerations of the situs of the shares, registered office of the judgment debtor, etc. would be the relevant factors. The Court, on consideration of the facts, held that directions by the Arbitral Tribunal in the Award in the present case, though styled as relief of specific performance, do not satisfy the requirements which have to be met in a case relating to relief of specific performance. The Court held that the relief given in the Award is in the nature of a direction to Respondent No. 1 to pay money to the Petitioner and a consequential direction to return the title documents has been issued to the Petitioner and is thus a money award and thus would derive jurisdiction for enforcement from location of assets of judgment debtor. (Kanika Singh is a Delhi-based lawyer. She may be reached at [email protected])Also Read : Arbitration Court Reckoner : January 2021 [1] FAO (OS) (COMM) 28/2021 decided on 23rd February 2021 [2] C.M.P. Nos. 11651 and 11656 of 2020 decided on 02nd February 2021 [3] COMM. Arbitration Appeal (L) No. 1022 of 2021 decided on 1st February 2021 [4] O.M.P. (I) (COMM.) 312/2020 decided on 17th February 2021 [5]Arb P 424/2020 decided on 9th February 2021 [6] Arb. P. 815/2019 decided on 19th February 2021 [7] Arb P 217 /2020 decided on 17th February 2021 [8] O.M.P. (I) (COMM.) 48/2021 decided on 22nd February 2021 [9] O.P. (D) Nos. 63965 and 63966 of 2020 decided on 19th February 2021 [10] C.M.P. No. 13352 of 2020 decided on 9th February 2021 [11] O.M.P. (COMM.) 464/2020 decided on 16th February 2021 [12] O.M.P. (COMM.) 507/2020 decided on 10th February 2021 [13] O.M.P. (COMM) 518/2020 decided on 15th February 2021 – this may no longer be correct law in view of order of Supreme Court dated 08th March 2021 passed in Suo Moto Writ (Civil) 3/2020 [14]Suo Moto Writ (Civil) 3/2020 [15] Ex. F.A. 4/2021 decided on 22nd February 2021 [16] CA No. 4028 of 2020 decided on 11th February 2021 [17] (2000) 6 SCC 94 [18] (2020) 4SCC 234 [19] O.S.A. No. SR 90890 of 2020 decided on 17th February 2021 [20] O.M.P. (EFA) (COMM) 5/2019 decided on 22nd February 2021 Next Storylast_img read more

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first_imgLong-term changes in the physical environment in the Antarctic Peninsula region have significant potential for affecting populations of Antarctic krill (Euphausia superba), a keystone food web species. In order to investigate this, we analysed data on krill-eating predators at South Georgia from 1980 to 2000. Indices of population size and reproductive performance showed declines in all species and an increase in the frequency of years of low reproductive output. Changes in the population structure of krill and its relationship with reproductive performance suggested that the biomass of krill within the largest size class was sufficient to support predator demand in the 1980s but not in the 1990s. We suggest that the effects of underlying changes in the system on the krill population structure have been amplified by predatorinduced mortality, resulting in breeding predators now regularly operating close to the limit of krill availability. Understanding how krill demography is affected by changes in physical environmental factors and by predator consumption and how, in turn, this influences predator performance and survival, is one of the keys to predicting future change in Antarctic marine ecosystems.last_img read more

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first_imgCornish pasty maker Warrens will open a new store in Sutton Coldfield, its first venture outside its West Country heartland.The new Warrens Bakery store, set to open on 16 February, is the latest addition to the new Mulberry Walk development in Mere Green, Sutton Coldfield. It will sell a range of craft products including fresh sandwiches, savouries, scones, artisan breads, cakes, sweet treats and, of course, Cornish pasties.The new store will employ seven staff and brings Cornwall’s oldest bakery to the Midlands for the first time.Warrens Bakery chairman Mark Sullivan said: “This is an extremely momentous occasion for all the team at Warrens Bakery. Last year we unveiled our first store in Bristol and we’re now set to open our first one outside the West Country.“We are delighted to be expanding our portfolio across the country and this marks a tremendously exciting time for the business.”last_img read more

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first_imgFlashback to ten years ago. It was October 21, 2006. Widespread Panic was in the midst of their fall tour, when they stopped for one night in off-the-beaten-path Riverside Theater in Milwaukee. That one show blossomed into a deep and very fun relationship between the band and the venue.Now, on the 10 year anniversary of Panic playing the Riverside, they return again but on slightly different terms. The shows sold out in a matter of minutes. The band has claimed that this will be their last full-fledged tour for a long time, if not forever. Night one of the Riverside run was everything that fans expected, a great way to mark 10 years of playing this incredible venue. Last night’s show brought another stellar performance.Panic opened with “Pigeons” before a rocking “Cotton Was King” followed. “Ain’t No Use” allowed for bass player Dave Schools to let his fingers do some dancing on the frets of his bass. Following along his notes played for this song was fun. “Gradle” was great to see in the middle of the first set, and The Band’s “Ophelia” and “The Shape I’m In” got the crowd very excited once more. The set closed with a rousing version of “Henry Parsons Died.”An energetic “Sell, Sell” opened the second set. The energy continued throughout the set, as did the good vibes. Anyone at the show knows that there were a lot of Cubs fans in attendance, and you didn’t have to look too hard to find people checking scores during the show. Even Schools noted this and mentioned how Harry Caray would be proud when the band clinched their World Series berth.At that point the band really stretched out “Blight,” taking it to a spacier and more ambient jam. Keyboardist JoJo Hermann was striking some piercing notes on the keys before getting really dark, and then going into “Bear’s Gone Fishin.” It was a really good transition. After a great “Drumz” led by Duane Trucks and Sunny Ortiz, the band continued bringing fire. “Rebirtha” was a standout version, and “Space Wrangler” had some great visuals to go along with the music.For the encore, the band again decided to dip into their rarely-played Black Sabbath covers for the second time in two nights. After playing “Me and the Devil Blues,” the band launched into a rocking version of “Sweet Leaf,” busted out for the first time since 2/23/16. The band had played “Fairies Wear Boots” on night one. It’s very possible there could be another Black Sabbath cover to end the Riverside weekend!With one more show in the run, Panic is sure to bring it this Sunday night. Check out the full PanicStream setlist, below. A full gallery of images by Ojeda Photography appears below as well.Setlist: Widespread Panic at Riverside Theater, Milwaukee, WI – 10/22/16Set 1: Pigeons, Cotton Was King, Ain’t No Use, Tall Boy, Gradle, Ophelia > The Shape I’m In, 1 x 1, Henry Parsons Died (58 mins)Set 2: Sell Sell, Thought Sausage, Radio Child, All Time Low, Blight > Bear’s Gone Fishin’ > Drumz > Second Skin > Rebirtha > Space Wrangler (94 mins)Encore Me and The Devil Blues, Sweet Leaf* (13 mins)Notes * LTP 2.23.16 Norfolk, Va Load remaining imageslast_img read more

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first_img View Comments This set is a character in itself, constantly rotating throughout the show. How did you even begin to learn to work with it? It was one of the most thrilling days of my career when we got presented the model box and told about the concept of the set. We’d already been three days into rehearsal and Lindsey had made it clear that we weren’t doing a big production, the point of doing this was to make the play heard. And then she showed us the box. I’ve never known anything like it. It was watching a whole company of people with their jaws on the floor. It’s beautiful and magical and surprising and has great showmanship, but it also genuinely supports what we’re trying to do with the play. The box is like the machine of the play, it’s the life machine and I step on that box at the beginning of the show and I don’t get off it until the end. I’m bracing myself every time it spins. [Laughs.] Helen isn’t just a depressed woman, she’s multifaceted—how did you create the layers of this character? As bizarre as it sounds, a lot of the play happens to her. It would have been wrong for me to say, “OK, she’s got depression, so I’m just gonna play somebody with extreme anxiety and depression, and that’s it.” I think Treadwell has written someone who’s delicate and someone who lacks the imagination of a hero at the center of a drama. She’s not necessarily someone who is always going to commit a murder. She’s an ordinary woman who gets affected by this situation that she’s in. So I keep myself as loose and empty as possible and then just let the rest of the company slowly pummel me with a meat tenderizer, as it were. [Laughs.] American audiences know Rebecca Hall from her rich performances on the big screen, from her Golden Globe-nominated performance in Vicky Cristina Barcelona to her action-packed turn in Iron Man 3. But the daughter of legendary director and Royal Shakespeare Company founder Sir Peter Hall has no shortage of stage cred across the pond, including starring roles in her father’s production of Mrs. Warren’s Profession and Sam Mendes’ mountings of The Winter’s Tale and The Cherry Orchard. Now, Hall makes her Broadway debut in Machinal, playing a deeply depressed housewife who finds herself dissatisfied with marriage and motherhood. Below, Hall tells Broadway.com why taking on the challenging new role is like getting pummeled “with a meat tenderizer,” recounts her chaotic opening night and more. Machinal Related Shows The set had some fits and starts on opening night and you had to begin the show all over again—what was that night like for you? When it happened, it was horrible for obvious reasons. While they were trying to fix it, Lindsey was very inspiring. She was like, “Well, we could stop, we could all go home, but I feel like this woman has been waiting since 1928 to have her play done again on Broadway.” We all agreed, it seemed that we had to go back. It’s got such a cumulative force, and certainly for me if I start in the middle of it it’s very odd. I’ve only been half pummeled with the meat tenderizer as it were. [Laughs.] I was nervous going on the second time ‘cause I thought, do I have the energy to get through this? But the thing that struck me when I was onstage was wow, I’m actually doing something for the same audience who had just seen me do it an hour ago. I don’t think, ever in my career, that’s happened before. See Hall in Machinal at the American Airlines Theatre.center_img Show Closed This production ended its run on March 2, 2014 Why did you pick Machinal to make your Broadway debut? It was a combination of things. I wasn’t looking to do a show on Broadway—that wasn’t the starting point. But this play arrived and I would’ve done it anywhere, and that it happened to be being produced on Broadway was a bonus. It’s such an extraordinary piece of writing and so unusual and still so radical and so polarizing now, which I find fascinating. And [director] Lindsey Turner is a really inspiring and shining presence in theater right now, and I’ve been an admirer of her productions in the past, so I was thrilled that she wanted to work with me. Rebecca Hall Star Files I’m excited to see your new movie Tumbledown—did you choose a light romantic comedy to be your next project on purpose? You hit it on the head, that’s exactly what I wanted to do. I read this script when I was in rehearsals. I was so Machinal, Machinal, Machinal, heavy into it. I said to my agent, “I don’t think I can read anything right now.” And then I found myself needing something to read to get my mind out of this dark and depressing place, and I couldn’t put it down. I thought, “Oh, here we go, this is the tonic at the end of Machinal to stop me from going into a deep crash.” [Laughs.] This’ll be it, this’ll be lovely, and it’s a nice head space to go to and it’s really witty and funny and smart. I haven’t done anything like that for while. Wow, that’s heavy! How do you release this tension you build up throughout the performance? A lot of times [in theater], you come off really excited and full of adrenaline, and that’s often the indicator that it’s gone well. But this one is completely the other way around. If I come offstage like that, I know I haven’t been doing my job properly. If I come offstage subdued and I want to go and sit quietly by myself and stare at a wall, then I know that it’s gone well. [Laughs.] So I usually sit quietly for a little bit and then go get a drink.last_img read more

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first_imgHere’s a quick roundup of stories from backstage at the Tony Awards tonight. Jessie Mueller Would ‘Hop Over the Pond’ for Beautiful in West End Tony winner Jessie Mueller told Broadway.com that the producers of Beautiful: The Carole King Musical have been looking at taking the musical to the West End and that she would “gladly hop over the Pond for a while” to reprise her role in the hit tuner. “Some Kind of Wonderful” news for London! View Comments A Gentleman’s Guide Will ‘Definitely Happen’ in the West End The Tony-winning team behind A Gentleman’s Guide said that they “intend to bring the show to London” and that “it will definitely happen.” Hedwig Creators Writing ‘Much Weirder’ Sequel A Hedwig and the Angry Inch sequel is in the works. The creators revealed that it will be “much weirder” than Hedwig and based around the concept: “I don’t have any time left.” It will also contain the joke: “Hedwig’s d**k is huge in Japan.” So there we are. Kenny Leon Wants to Direct Samuel L. Jackson & LaTanya Richardson in Woolf Kenny Leon, who won the Tony for A Raisin in the Sun and is helming the soon to open Holler If Ya Hear Me, wants to direct Samuel L. Jackson and his wife LaTanya Richardson in, wait for it, Who’s Afraid of Virginia Woolf. Jackson was last seen on Broadway in 2012’s The Mountaintop. Richardson, of course, is currently appearing in Raisin. Bryan Cranston Reveals He May Appear in All The Way Sequel Robert Schenkkan, who won the Tony for his play All The Way, is writing a follow-up, The Great Society, which is set to premiere at the Oregon Shakespeare Festival later this year. Bryan Cranston, who won the Tony for his portrayal of LBJ in All The Way, revealed that he may reprise the role in the sequel: “Never say never.” Bryan Cranston Mark Rylance Eyeing Broadway’s Belasco Theatre for More Shakespeare Twelfth Night Tony winner Mark Rylance said that he didn’t do his usual poem when picking up his Tony award as “I thought you might be expecting it.” He also said that he’d “very much like to come back to the Belasco with more Shakespeare,” but that they’ve “not decided yet” which play. Star Files Jason Robert Brown Confirms Honeymoon Aiming to Bow on Broadway This Fall Jason Robert Brown, who picked up the Tonys for Best Orchestration and Best Score tonight for Bridges of Madison County, confirmed that his next project is Honeymoon in Vegas and that it is “unofficially coming in, in the fall.” Pending Great White Way theater availability and all those good things. Fingers crossed! Jessie Mueller Mark Rylancelast_img read more

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