Category: empivtns

Vandalism suspected in damage to Memphis church’s historical marker about…

first_imgVandalism suspected in damage to Memphis church’s historical marker about slave trader Missioner for Disaster Resilience Sacramento, CA Featured Events Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET Associate Rector Columbus, GA Rector Smithfield, NC Bishop Diocesan Springfield, IL Tags Rector Belleville, IL Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem By David PaulsenPosted Jul 22, 2020 Curate Diocese of Nebraska Rector Washington, DC TryTank Experimental Lab and York St. John University of England Launch Survey to Study the Impact of Covid-19 on the Episcopal Church TryTank Experimental Lab Director of Music Morristown, NJ Rector Hopkinsville, KY Submit a Press Release Assistant/Associate Rector Morristown, NJ New Berrigan Book With Episcopal Roots Cascade Books Course Director Jerusalem, Israel Rector Bath, NC Family Ministry Coordinator Baton Rouge, LA Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest Rector and Chaplain Eugene, OR Curate (Associate & Priest-in-Charge) Traverse City, MI Rector Albany, NY Rector/Priest in Charge (PT) Lisbon, ME Rector Tampa, FL Rector (FT or PT) Indian River, MI Youth Minister Lorton, VA Associate Priest for Pastoral Care New York, NY In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 Priest Associate or Director of Adult Ministries Greenville, SC Cathedral Dean Boise, ID Rector Martinsville, VA Rector Collierville, TN [Episcopal News Service] A historical marker installed two years ago by an Episcopal congregation in Memphis, Tennessee, to tell the fuller story of slave trading on its block was knocked down last weekend in a possible act of vandalism.A historical marker detailing Nathan Bedford Forrest’s slave-trading business is seen after someone knocked it off its post outside Calvary Episcopal Church in Memphis, Tennessee. Photo: Scott WaltersThe Rev. Scott Walters, rector of Calvary Episcopal Church in downtown Memphis, discovered the damage upon leaving the church on the evening of July 18. The marker, which provided information about the slave trader Nathan Bedford Forrest, had been broken off its post and was on the ground leaning against the post, still mostly intact.A parish administrator notified police, who are taking the matter seriously, Walters told Episcopal News Service. The marker was posted away from the street in a park outside the church, which is “a hard place for an accident to happen,” Walters said. “It’s just hard to come up with an explanation other than something intentional.”Like many American cities, Memphis saw protests against racism and police brutality after the May 25 killing of George Floyd in Minneapolis, Minnesota. The protests in Memphis, which remained mostly peaceful, have since subsided, and there was no initial indication that the apparent vandalism was related to the protests or the renewed push to remove public monuments to Confederate figures.“It is certainly possible that those who are upset about the toppling of Confederate monuments thought that it would be appropriate to topple the marker that we put up a few years ago to be honest about our past,” Timothy Huebner, a Rhodes College history professor and Calvary member, told the Commercial Appeal. Huebner led the research project that produced the text for the marker.Forrest, before serving as a Confederate general in the Civil War, operated a slave mart from 1854 to 1860 on property that the church now owns and uses as a parking lot.Nathan Bedford Forrest was a slave trader who served as a Confederate lieutenant general during the Civil War and later was an early member of the Ku Klux Klan. Photo: Library of Congress, via WikipediaAnother historical marker that was dedicated in 1955 notes that the block once was the home of Forrest, who is benignly described only as a 19th-century businessman. That marker was untouched this week.In 2015, an organization called Lynching Sites Project Memphis organized a prayer service calling for the sign to be changed to make clear that Forrest’s “business enterprises” were the selling of humans. The following year, Calvary formed a research group with Huebner at the helm to learn more about the church’s block and surrounding properties.The church was built in 1843, meaning the slave trading and Christian ministry were conducted nearly side by side for several years. No evidence was found, however, that Forrest was a member or benefactor of the church.In December 2017, the Memphis City Council voted to remove a statue of Forrest from a city park, and in April 2018, Calvary held a “Service of Remembrance and Reconciliation” to dedicate its new historical marker that drew on the new research into Forrest’s slave trading on the block.This week, the damaged marker was brought to the Metal Museum in Memphis to be restored, though Walters couldn’t say yet how much that work would cost or when it would be completed.The congregation’s effort to correct the historical record about Forrest was an important initial step in responding to The Episcopal Church’s call to engage in the work of racial reconciliation, Walters said. Clergy and lay leaders now are discussing how Calvary can foster further discussions with other Episcopal congregations about the church’s historic complicity in systemic racism and the need for racial healing.“It’s work that we feel like we’ve just gotten started on at Calvary,” Walters said. “We feel like the spirit is prodding us on to what’s next, as we see that these issues are deep and persistent.”– David Paulsen is an editor and reporter for Episcopal News Service. He can be reached at [email protected] This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET The Church Investment Group Commends the Taskforce on the Theology of Money on its report, The Theology of Money and Investing as Doing Theology Church Investment Group Associate Rector for Family Ministries Anchorage, AK Press Release Service Canon for Family Ministry Jackson, MS Racial Justice & Reconciliation Submit an Event Listing Rector Knoxville, TN Director of Administration & Finance Atlanta, GA An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis Submit a Job Listing Featured Jobs & Calls Rector Shreveport, LA The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 Episcopal Charities of the Diocese of New York Hires Reverend Kevin W. VanHook, II as Executive Director Episcopal Charities of the Diocese of New York Assistant/Associate Rector Washington, DC Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET Rector Pittsburgh, PA Assistant/Associate Priest Scottsdale, AZ Priest-in-Charge Lebanon, OHlast_img read more

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On My Way to Planned Giving: Inspiring Anecdotes and Advice for Gift-Planning Professionals

first_img Tagged with: legacies  26 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Howard Lake | 1 February 2009 | News AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThiscenter_img On My Way to Planned Giving: Inspiring Anecdotes and Advice for Gift-Planning Professionals About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving.last_img read more

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Palestinian boycott defeats giant G4S

first_imgPalestinian prisoners’ and BDS movements celebrated international victory over G4S and Israeli state terror, Dec. 2 in New York City.The Palestinian prisoners’ and Boycott, Divestment and Sanctions (BDS) movements celebrated a landmark victory on Dec. 2 as British-Danish conglomerate G4S, the world’s biggest security company and second-largest private employer, announced the sale of its Israeli unit.“This experience with G4S proves that international campaigns, working with the Palestinian prisoners’ movement, can exert real pressure on even the largest multinational corporations,” Khaled Barakat, international coordinator of the Campaign to Free Ahmad Sa’adat, told Workers World.The BDS National Committee and a coalition of other Palestinian organizations launched a campaign of economic pressure against G4S on April 17, 2012 — Palestinian Prisoners’ Day — demanding that the company end its services to Israel’s prisons and detention centers, as well as its checkpoints, settlements, military and security forces, and other occupation infrastructure.The effort gained fresh urgency in August 2015, when the Palestinian prisoners’ movement issued its own call for supporters to prioritize the struggle against G4S.In New York, Samidoun: Palestinian Prisoner Solidarity Network activists launched a series of weekly protests outside a local G4S office that have continued nearly every Friday for over a year.Elsewhere, the Bill & Melinda Gates Foundation and the United Methodist Church divested their shares in the company. G4S also lost a security contract with Durham County, N.C., and faced mounting defeats across Africa, Europe, Latin America and the Middle East.At the same time, Black-led student campaigns focusing on the company’s private prisons forced divestment by Columbia University and the University of California and the termination of a security contract at Cornell University’s Johnson Museum of Art.In March, G4S announced plans to sell its main Israeli subsidiary, G4S Israel, and end its operation of private youth prisons in Britain and the United States, all of which the Financial Times called “reputationally damaging work.”Victory for international solidarity“Ahmad Sa’adat and the Palestinian prisoners’ movement see this as a victory … an example of what can be done when international movements work with Palestinian prisoners,” Barakat said.Even after pending regulatory approval of the sale, G4S will remain implicated in Israel’s crimes against Palestinians through its direct co-ownership of the Policity, a training center for Israeli security forces in occupied East Jerusalem.G4S also faces continued pressure over its transportation and deportation of detainees for U.S. Immigration and Customs Enforcement, the operation of private police forces, like transit cops in Charlotte, N.C., and deployment of personnel to secure the planned route of the Dakota Access Pipeline against water protectors.But G4S’ forced withdrawal from nearly all of its Israeli contracts is, nevertheless, a significant blow against the company, as well as a landmark in attempts to internationalize support for the Palestinian prisoners’ movement and isolate Israel.Samidoun’s efforts against G4S and other companies profiting from Israel’s detention and torture of Palestinian political prisoners will continue, starting with its next protest at 4 p.m. Friday, Dec. 9, outside G4S’ New York office at 19 West 44th Street.For more information and announcements, visit Samidoun’s website at samidoun.net and subscribe to its newsletter at eepurl.com/XFJr9.Catron is a member of Al-Awda New York: The Palestine Right to Return Coalition and an organizer with Samidoun: Palestinian Prisoner Solidarity Network.FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare thislast_img read more

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Twin bombs kill parliamentary TV cameraman, woman employee

first_img Follow the news on Afghanistan Organisation News Afghanistan : “No just and lasting peace in Afghanistan without guarantees for press freedom” RSF_en January 12, 2017 Twin bombs kill parliamentary TV cameraman, woman employee Reporters Without Borders (RSF) is deeply saddened to learn that a 29-year-old cameraman working for the parliamentary TV channel and one of the channel’s women employees were killed in a twin bomb attack on the Afghan parliament building in downtown Kabul on 10 January. News Help by sharing this information The cameraman, who had worked for the parliamentary channel for three months, has been identified as Noorullah, while the female employee has been identified as Farideh.“We offer our condolences to the families and colleagues of Farideh and Noorullah, who have unfortunately become the first fatalities to be registered in RSF’s press freedom barometer in 2017,” said Reza Moini, the head of RSF’s Afghanistan desk “The deaths were not random. They were the deliberate victims of Taliban press freedom predators, whose barbarity towards the civilian population and the media is notorious.”Halim Tanivir, a parliamentary cultural adviser and head of parliamentary radio and TV broadcasting, told RSF: “The twin bomb attack on the Afghan parliament’s annexes and the parliamentary TV channel’s headquarters was perpetrated by the enemies of the country’s progress and was clearly premeditated.”At least 38 people were killed and 80 were wounded by the two bombs. The injured included two other employees of the parliamentary TV channel and Taher Pyman, a journalist with the weekly Kerad. Their injuries are not life-threatening. The attack was claimed by Taliban in a Twitter message that said the victims were “all intelligence agents.”RSF reminds the Afghan government and international community that any negotiations with the Taliban should be conditioned on a prior explicit Taliban pledge to respect core international treaties, especially the 1949 Geneva Conventions and their additional protocols, which ban both state and non-state actors from deliberately attacking civilians, including media and journalists. Attacks on civilian targets constitute war crimes.Afghanistan is ranked 120th out of 180 countries in RSF’s 2016 World Press Freedom Index. Receive email alerts to go further AfghanistanAsia – Pacific Condemning abusesProtecting journalists WomenPredatorsViolence RSF asks International Criminal Court to investigate murders of journalists in Afghanistan March 11, 2021 Find out more June 2, 2021 Find out more May 3, 2021 Find out more News News Situation getting more critical for Afghan women journalists, report says AfghanistanAsia – Pacific Condemning abusesProtecting journalists WomenPredatorsViolence last_img read more

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Donegal Gathering brand to go on next year and beyond

first_imgNews 365 additional cases of Covid-19 in Republic Donegal Gathering brand to go on next year and beyond 75 positive cases of Covid confirmed in North Further drop in people receiving PUP in Donegal Main Evening News, Sport and Obituaries Tuesday May 25th Google+ Pinterest Twitter Gardai continue to investigate Kilmacrennan fire WhatsApp Twittercenter_img Google+ Previous articleGathering calendar launched in DonegalNext articleEnvironmental improvement works underway in Strabane and Lifford News Highland The Community Development Board in Donegal has decided to keep the Donegal Gathering brand going next year and beyond.The Gathering concept had been pioneered in the county last year as part of a concerted attempt to reach out to the Donegal Diaspora.The feeling locally now is that the brand is gaining recognition and should have an impact beyond the term of this years national designation as ‘The Gathering’ year.Director of Community Services Michael Heaney says the council is committed to funding the Donegal Gathering, and recognises it is a powerful brand in its own right………….[podcast]http://www.highlandradio.com/wp-content/uploads/2013/03/heeny830.mp3[/podcast] Man arrested on suspicion of drugs and criminal property offences in Derry WhatsApp RELATED ARTICLESMORE FROM AUTHOR By News Highland – March 27, 2013 Facebook Facebook Pinterestlast_img read more

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Virtual Arbitration Hearings In Times Of A Pandemic

first_imgColumnsVirtual Arbitration Hearings In Times Of A Pandemic Vivek Joshi & Rohan Gulati3 April 2020 8:41 PMShare This – x INTRODUCTION In the wake of the rapid spread of the Novel Coronavirus (hereinafter referred to as the “COVID-19”) pandemic, the worldwide situation has become unpleasant altogether. It has created an unprecedented scenario all across the globe causing nation-wide lockdowns in several countries. The governments have resorted to imposing several travel restrictions, both domestic…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?Login INTRODUCTION In the wake of the rapid spread of the Novel Coronavirus (hereinafter referred to as the “COVID-19”) pandemic, the worldwide situation has become unpleasant altogether. It has created an unprecedented scenario all across the globe causing nation-wide lockdowns in several countries. The governments have resorted to imposing several travel restrictions, both domestic and international, in order to contain the spread of COVID-19. Similarly, there has been a considerable impact on the day to day hearings of the arbitral institutions all across the globe, which has stalled the conduct of several in-person arbitration hearings. Subsequently, in all likelihood this is going to be the situation for the next few months at least. Meanwhile, due to such travel restrictions, the framework of in-person arbitration hearings has been substituted with the next best alternative method viz., Video Conferencing or Virtual Hearings. Bearing the same in mind, several arbitral institutions, in their respective rules provide for virtual hearings, which are mentioned and discussed in the present article, and it has only been a matter of time, that they invoked such rules for the convenience of the parties. Pertinently, during such times, two-fold problems warrant an assessment viz., (i) not pertaining to videoconferencing but rather the conundrum surrounding the conduct of a virtual hearing and (ii) lack of leading provisions governing virtual hearings in the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the “1996 Act”). The present article has been narrowed down on the slew of measures adopted by international and domestic arbitral institutions for switching to a virtual mode of hearing during the COVID-19. The first part of the article primarily focuses on outlining the framework for virtual arbitration hearings. The second part focuses on analysing and scanning drawbacks of virtual hearings along with addressing these drawbacks by referring to a few contemporary international protocols which lay down the guidelines for video conferencing in international arbitration and also concern both physical and cyber-security. Third part is a bird’s eye view of the provisions that have been or may be invoked by arbitral institutions on both domestic and international fronts concerning virtual hearings. Lastly, and fourthly, the article concludes by providing certain recommendations to the 1996 Act and the rules to be devised for virtual hearings by arbitral institutions. VIRTUAL HEARINGS: AN OUTLINE Arbitrations across the globe adopt two-fold strong premises viz., (i) Convenience of the parties and (ii) Dynamism adopted in hearings. In short, arbitration deviates from the uniform procedure of tedious litigations, and are seemingly flexible. Whilst party autonomy stands as one of the pillars of arbitrations, the convenience of the parties needs to be respected in the parallel front. In view of the same and in order to accommodate hearings on a day-to-day/regular basis, several arbitral institutions have switched to an online mode via video conferencing wherein, along with the arbitral tribunal, the disputing parties, case counsel, witnesses, tribunal secretary, and stenographers. Additionally, this platform allows having access to documents during the course of the proceedings as well. For instance, the Singapore International Arbitration Centre (SIAC) is encouraging and promoting the utilization of services being offered by the Maxwell Chambers for virtual ADR hearings.[1] Another instance, worth citing is that of the Arbitration Place Virtual e-hearings based out in Canada, wherein the institution primarily offers client altered variants in the form of e-hearings for facilitating all types of dispute resolution.[2] Thus, one of the forefronts of international commercial arbitration, as addressed hereinabove is the dynamic nature of the proceedings. Be it an in-person hearing or virtual hearing, the arbitral proceeding can be set into either one without much hassle. SCANNING DRAWBACKS IN VIRTUAL HEARINGS Notwithstanding the fact about how convenient it might be for the parties to adjust and adapt to a virtual hearing setup, there arise multiple issues right from its commencement. Mentioned hereinafter are a few drawbacks pertaining to the conduct of virtual hearings: Logistical Blocks: There arises a primary need to trace out certain logistical issues including but not limited to, the lack of bandwidth which may not be available to the parties. This may create the primary issue regarding the clarity of both audio and video during the course of virtual hearings. Further, in case the issue of bandwidth is addressed prior to the hearing, the parties may face snags with respect to the platform or domain on which they are connected for the virtual hearing. There appears to be comparatively less number of institutions providing services equivalent to that of Maxwell Chambers or Arbitration Place Virtual in terms of e-hearing facilities. Therefore, not everyone who is part of the arbitration proceedings will necessarily have access to such platforms which provide for virtual hearings. Confidentiality vis-à-vis virtual hearing: Certain stakeholders may have concerns with respect to the safety of the documents being shared via virtual platforms. In other words, during the course of the proceedings, there may be several documents that need to be circulated or passed by the case counsel, which are shared online as well. Therefore, the type of encryption that these virtual platforms contain, warrants an assessment from the viewpoint of experts in order to ensure utmost confidentiality is maintained throughout. Credibility of witness testimony: It is pertinent to address the issue regarding the credibility of the testimony of witnesses during the arbitral proceeding. Due to the absence of the witness for an in-person hearing, the tribunal may perhaps find it challenging to evaluate and analyze the body language, facial expression, and tone of answering of the witnesses. The aforementioned play an indispensable role in discerning the character of the witness and statements made thereafter. It is comparatively easier during an in-person hearing to trace out such factors however, in the process of e-hearings the aforesaid drawback may have a contrasting affect towards the dispute altogether.[3] Another significant aspect that warrants attention is that of witness tutoring, which maybe in the form of reading out from a script that may have been prepared prior to the hearing or follow instructions from a third party during the testimony. These aspects may be present or located in the interior of the hearing room, where the camera does not focus or will not be able to locate. Thus, it is indispensable to ensure that the witnesses are not involved in acts which would undermine the credibility of their statements. Adjusting official working hours: Majority of the international commercial arbitrations, may have the parties/arbitrators/case counsels in different parts of the world. In the ordinary course of hearings, they would travel to the venue of the arbitral proceedings however, during these unprecedented times as right now, when travel restrictions have been imposed, the aforesaid turns void. Therefore, whilst being in different parts all across the globe, another issue which may arise is with respect to the global time zones and regular office hours. For instance, a proceeding scheduled to commence at 1pm in Singapore would mean that in case the arbitrator is based out in London, he would need to be ready at 6am as per the London timings. Therefore, there arises a major concern with respect to the coordination of timings as well.[4] ADDRESSING THE DRAWBACKS In order to address the aforementioned drawbacks, which might occur during the course of the virtual hearings, strong emphasis is laid on the Seoul Protocol on Video Conferencing in International Arbitration [5](hereinafter referred to as “The Protocol”). The primary objective behind The Protocol was initially laid down in 2018, which aimed at establishing such features that would be beneficial for the international arbitration community at large. Thus, in the wake of 2020, The Protocol received the go-ahead and was subsequently enforced in Seoul. Recently, on 20th March, 2020, the Protocol got triggered due to the COVID-19 to facilitate the international arbitrations. The extracted and summarized relevant provisions of The Protocol in order to address the drawbacks are as follows: Witness Examination Generally (Article 1): The article provides an exhaustive procedure to be followed during the witness examinations along with the requirement that the venue shall allow a reasonable part of the interior of the room to be shown along with reasonable distance from the witness. Further, the witness shall be sitting at an empty desk and the face shall be clearly visible. Video Conferencing Venue (Article 2): This assures that all logistical setups are made prior to the commencement of the video conference and all technical assistance is provided throughout the course of the hearing in order to avoid any glitches etc. Technical Requirements (Article 5): The Protocol is extremely specific towards transmission speeds and the equipment to be utilized in order to ensure the virtual hearing is glitch-free. Further, detailed technical requirements are provided in the Annexure attached to The Protocol relating to video, audio, picture, channels, bandwidth and bridging requirements as well reflecting the extent of how exhaustive it is in itself. Further, the issues or drawbacks concerning the confidentiality of documents can be addressed by way of the ICCA-NYC Bar-CPR Cybersecurity Protocol for International Arbitration, 2020[6](hereinafter referred to as the “Cybersecurity Protocol”). The Cybersecurity Protocol has been established bearing in mind specifically the requirements of international commercial arbitrations. The purpose of the Cybersecurity Protocol is two-fold: (i) providing reasonable security measures for arbitration matters and (ii) increasing awareness about security requirements in international arbitrations. Therefore, the Cybersecurity Protocol is an entire substantial and procedural protocol in itself. INSTITUTIONAL FRAMEWORK FOR VIRTUAL HEARINGS: EXTRACTED AND SUMMARIZED Arbitral Institution Short Title Explanation Model Law UNCITRAL Arbitration Rules, 2013[7]. Hearings Article 28: Arbitral Tribunal may examine witnesses by way of video conferencing. Institutional Arbitration Bodies (International) Singapore International Arbitration Centre (SIAC).[8] Schedule 1: Emergency Arbitrator Rule 7: The Emergency Arbitrator may utilize the video conferencing facility for hearing the disputing parties as an alternative to an in-person hearing. Rule 8: Power of Emergency Arbitrator to order or award any interim relief via video conferencing. London Court of International Arbitration (LCIA).[9] Conduct of proceedings Article 14.1: Allows the parties and the Arbitral Tribunal to conduct the proceedings via video conferencing. Oral Hearings Article 19.2: Allows video conferencing as a mode of oral hearing. International Chamber of Commerce (ICC).[10] Case Management Conference and Procedural Timetable Article 24(4): Case Management Conference may be conducted by video conferencing. Case Management Techniques Appendix IV: Encourages the use of video conference (for procedural or other hearings) where attendance in-person is not essential. Emergency Arbitrator Rules Appendix V, Article 4(2): Emergency Arbitrator may conduct hearing through video conference. Place of the Emergency Arbitrator Proceedings Appendix VI, Article 3(5): In case of expedited procedures, the Arbitral Tribunal may conduct hearings via video conference. Institutional Arbitration Bodies (Domestic) Indian Institute of Arbitration & Mediation (IIAM)[11] Hearings Article 28: Arbitral Tribunal may examine witnesses by way of video conferencing. Indian Arbitration Forum (IAF).[12] Case Management Conference Article 8: Case Management Conference may be conducted by video conferencing. Examination of witnesses via video conferencing Article 28: In exceptional circumstances, video conferencing of witnesses may be allowed. RECOMMENDATIONS AND CONCLUSION Bearing in mind the aforesaid discussion, there arises a stark need to lay due emphasis on the 1996 Act. In this regard, an attempt to trace out certain provisions which may be accommodated in the 1996 Act with regard to virtual hearings, which would be add-ons during unprecedented times like right now. In light of the aforesaid, mentioned hereinafter are a few prospective recommendations: Potential Amendment to the 1996 Act: Section 24 and 29 of the 1996 Act lay down the law for ‘hearings’ and ‘decision making by the arbitral tribunal’ respectively. However, the aforementioned provisions seem to have a grey area vis-à-vis any possibility wherein a hearing via video conferencing may be conducted. For starters, from a bare perusal of Section 24, the arbitral tribunal seems to have sufficient power to decide whether to conduct oral hearings for presentation of evidence or oral argument but makes no mention for conducting a virtual hearing or that they may consider the option of conducting one if it is not explored by the disputing parties to the case. Therefore, a possibility of conducting a virtual hearing per se may be inserted under the aforesaid provisions. Insertion of Video Conferencing rules in the 1996 Act: Another insertion by an amendment worth consideration is that of certain set of rules in lieu of which virtual hearings may be conducted. Similar to how the 1996 Act is based on the UNCITRAL Arbitration Rules, the rules for video conferencing may be founded and introduced on the basis of The Protocol as discussed under the second part of the article. They shall be exhaustive enough to address both legal and technical concerns bearing in mind the best available technology offered by arbitral institutions in India. Virtual Hearings under the New Delhi International Arbitration Centre (NDIAC) Rules: Bearing in mind the primary objective of the establishment of the NDIAC, in order to further refine the process of institutionalized arbitration in India, the draft rules may contain provisions which enable the possibility of conducting virtual hearings. Such rules may also be based on The Protocol and may even be able to address cybersecurity concerns on the basis of the Cybersecurity Protocol. Flexibility in institutional arbitrations: Notwithstanding the conduct of either virtual hearings or in-person hearings, in order to promote India as an arbitration-friendly hub, the dynamism of arbitral proceedings need to be appreciated. Therefore, providing a more versatile environment to the arbitrations in India may also assist in the growth by a large margin. Despite tracing the drawbacks and addressing them subsequently, there appears to be a fair amount of work required to be done at the ground level. COVID-19 has opened a new sphere for outlook and forced the arbitration regime to adopt the format of virtual hearings. Whilst courts and litigants are still trying to adjust into the virtual hearing setup, institutional arbitration hubs have been a step ahead. Therefore, institutional arbitration has yet again proved that its core strength lies in the framework and convenience it provides to the parties. However, India possesses an advantage to consider such changes from the international arbitration community and build up on the same. (Authors are students of Symbiosis Law School, Hyderabad. Views of the author(s) are personal). [1]Maxwell Chambers offers Virtual ADR Hearing Solutions, MAXWELL CHAMBERS (Mar. 27, 2020, 07:20 p.m.), https://www.maxwellchambers.com/2020/02/18/maxwell-chambers-offers-virtual-adr-hearing-solutions/. [2]Arbitration Place Virtual – eHearings, ARBITRATION PLACE (Mar. 27, 2020, 08:45 p.m.), https://www.arbitrationplace.com/arbitration-place-virtual-ehearings. [3]Janet Walker, Virtual Hearings: An Arbitrators Perspective (Mar. 28, 2020, 09:20 a.m.), https://int-arbitrators.com/wp-content/uploads/2020/03/Virtual-Hearings-An-Arbitrators-Perspective.pdf. [4]John Fellas, International Arbitration in the midst of COVID-19 (Mar. 28, 2020, 11:05 a.m.), https://www.law.com/newyorklawjournal/2020/03/24/international-arbitration-in-the-midst-of-covid-19/?slreturn=20200225064222. [5]Seoul Protocol on Video Conferencing in International Arbitration, KOREAN COMMERCIAL ARBITRATION BOARD (KCAB) (Mar. 28, 2020, 03:20 p.m.), http://www.kcabinternational.or.kr/user/Board/comm_notice_view.do?BBS_NO=548&BD_NO=169&CURRENT_MENU_CODE=MENU0025&TOP_MENU_CODE=MENU0024. [6]ICCA-NYC Bar-CPR Cybersecurity Protocol for International Arbitration, 2020, INTERNATIONAL COUNCIL FOR COMMERCIAL ARBITRATION (ICCA) (Mar. 28, 2020, 06:45 p.m.), https://www.arbitration-icca.org/media/14/76788479244143/icca-nyc_bar cpr_cybersecurity_protocol_for_international_arbitration_-_print_version.pdf [7] UNCITRAL Arbitration Rules, 2013 (Mar. 29, 2020, 08:50 a.m.), https://www.uncitral.org/pdf/english/texts/arbitration/arb-rules-2013/UNCITRAL-Arbitration-Rules-2013-e.pdf. [8]SIAC Rules, 2016 (Mar. 29, 2020, 10:50), https://www.siac.org.sg/our-rules/rules/siac-rules-2016. [9]LCIA Arbitration Rules, 2014 (Mar. 29, 2020, 12:20 p.m.), https://www.lcia.org/Dispute_Resolution_Services/lcia-arbitration-rules-2014.aspx [10]ICC Arbitration Rules, 2017 (Mar. 29, 2020, 05:30 p.m.), https://iccwbo.org/dispute-resolution-services/arbitration/rules-of-arbitration/. [11]IIAM Arbitration Rules, 2017 (Mar. 30, 2020, 10:35 a.m.), https://www.arbitrationindia.com/pdf/rules_arbitration.pdf. [12]Indian Arbitration Forum, Guidelines for Conduct of Arbitrations, 2018 (Mar. 20, 2020, 11:22, p.m.), https://indianarbitrationforum.com/wp-content/themes/iaf/assets/IAF-Draft-Guidelines.pdf. Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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Allahabad HC Issues Notices On Contempt Plea Against UP Advocates Welfare Funds Trustees Committee For Failure To Disburse Funds To Needy Advocates [Read Order]

first_imgNews UpdatesAllahabad HC Issues Notices On Contempt Plea Against UP Advocates Welfare Funds Trustees Committee For Failure To Disburse Funds To Needy Advocates [Read Order] LIVELAW NEWS NETWORK4 Sep 2020 3:34 AMShare This – xThe Allahabad High Court has issued notices to the Chairman and Secretary of the UP Advocates Welfare Funds Trustees Committee, in a contempt petition for non-implementation of a Division Bench order in suo moto PIL titled In re: Assistance to the Needy Advocate and Registered Advocates Clerk. The Single Bench of Justice Piyush Agrawal has given ten days’ time to the Respondents to…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 Allahabad High Court has issued notices to the Chairman and Secretary of the UP Advocates Welfare Funds Trustees Committee, in a contempt petition for non-implementation of a Division Bench order in suo moto PIL titled In re: Assistance to the Needy Advocate and Registered Advocates Clerk. The Single Bench of Justice Piyush Agrawal has given ten days’ time to the Respondents to file their reply in the matter. The Allahabad High Court had issued a slew of directions in April this year to the UP Advocates Welfare Funds Trustees Committee to devise a scheme and provide financial assistance to needy Advocates, who are deleteriously affected due to COVID-19 lockdown. However, on account of Committee’s inability to do so on account o lack of funds, the High Court directed it to borrow fund as per the statutory mandate under Section 5 of the Uttar Pradesh Advocates Welfare Fund Act, 1974, to grant aid to the needy advocate in times of natural calamity. Also, the court directed the State Government to become a Guarantor if the Welfare Trustee Committee applies for loan. Allahabad HC Directs UP Advocates’ Welfare Fund Trustees Committee To Take Loan If It Doesn’t Have Enough Funds To Support Lawyers The Petitioner, Advocate Suresh Chandra Pandey, has approached the High Court stating that nothing has been done so far by the Welfare Trustee Committee to comply with the above direction or to ensure that financial aid could be disbursed for the welfare of the needy advocates. He has urged the Court to issue show cause notice to the opposite party calling upon them to show cause as to why they should not be punished for disobedience of the abovementioned order dated May 14, 2020. He has also requested the Court to further direct them to formulate the necessary scheme to provide Assistance to the Needy Advocates and Registered Advocate Clerks in the present natural calamity caused by COVID-19 by borrowing loan as per the provisions of Section 5 of the U.P. Advocates Welfare Fund Act, 1974. Click Here To Download Order Read Order Next Storylast_img read more

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PSA’s inspection report on Hammerfest LNG completed

first_imgThe PSA report states that the inspection has proven serious breaches to the regulations on deviation handling The Hammerfest LNG plant. (Credit: Øivind Haug / Equinor ASA) Equinor has received the report of the Petroleum Safety Authority Norway (PSA) after its inspection of the major accident and electrical system at Hammerfest LNG in the period 21 to 24 September 2020. Equinor has started improving the conditions that led to the order, deviations and improvement areas indicated in the PSA report.In a press release published on 2 October, Equinor informed about the PSA’s verbal summary of the inspection and that the company had immediately started improving the conditions pointed out by the PSA. The PSA’s report in writing confirmed the findings communicated in the verbal summary and concludes that a systematic approach to the application and execution of deviation handling is missing. The report further indicates a lack of correction and follow-up of conditions pointed to by the PSA during former inspections.The PSA report states that the inspection has proven serious breaches to the regulations on deviation handling and orders Equinor to review the company’s system for recording and follow-up of identified deviations, secure handling of identified deviations and implement measures that are required to secure compliance with the company’s systems for recording and follow-up of deviations.“We take the feedback in the PSA’s inspection report very seriously. We will study the feedback carefully and respond to the orders and close the deviations. We have started implementing, or already implemented, measures regarding several of the deviations stated in the PSA’s report, and we will work on closing the remaining issues with quality by deadlines agreed with the PSA,” says Grete B. Haaland, senior vice president for Equinor’s onshore plants.“The employees at Hammerfest LNG are working hard to ensure safe operation, follow up measures and carry out improvements at the plant. They are now working on repairing and resuming operation safely at the plant after the consequential damages of the fire in September. The PSA’s inspection report documents that some deviations have not been properly followed up, and we will now go through and improve our systems and processes. This will be done in collaboration with our employees in the follow-up of the inspection report going forward,” says Andreas Sandvik, vice president of the Hammerfest LNG plant. Source: Company Press Releaselast_img read more

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Oxford Union election results released

first_imgThe Oxford Union have announced the results of Michaelmas Term elections 2016. Michael Li, who ran unopposed, will become President in Trinity Term 2017, receiving 822 votes.The incoming President-Elect told Cherwell, “I’m very much looking forward to being part of one of the strongest and most diverse committees in my time at the Union. I would like to thank everybody for their encouragement and support during this election, and in particular those who took time out to come to the Union on Friday, whoever they chose to vote for”.The position of Librarian-Elect in Hilary 2017 will be filled by Henry Kitchen, who received 759 votes. Laali Vadlamani will become Treasurer-Elect next term, elected by 827 first preferences. Both ran unopposed and will fill their respective positions in Trinity 2017.Elected into the office of Secretary for Hilary 2017 is Gui Cavalcanti, with 800 votes.The five positions in Standing Committee, which all also ran unopposed will be filled next term by Jack Symonds (252 votes), Maan Al-Yasiri (225 votes), Melissa Hinkley (222 votes), Simon Jagoe (187 votes) and Ed Evans (163 votes).The eleven members elected Secretaries Committee for Hilary 2017 are as follows:Andrew Ng (155)Stephen Horvath (116)Myah Popat (83)Sabriyah Saeed (73)Vivien Hasan (70)Jan Bialas (69)Redha Rubaie (68)Minal Haq (67)Flora Spielman (62)Kareem Belo-Osagie (61)Kir Mary West-Hunter (53)Flora Spielman, elected to Secretaries Committee told Cherwell, “my step count says I walked further on Friday than any other day for years, so at least I got some exercise in. Sorry and thank you to everyone I hacked.”Zach Klamann, Magdalen second year commented, “there was nothing democratic about this result. So many positions running unopposed is hardly an election.”last_img read more

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Business lady

first_imgWhen The New York Times came calling, Nancy Koehn, James E. Robison Professor of Business Administration at Harvard Business School, stepped up to the plate.It was 2003. Harvard Business Press presented Koehn with a book prospectus from the Times. The idea? To compile interesting articles across the history of the paper, an assignment Koehn metamorphosed into “The Story of American Business,” which features more than 100 articles spanning 150 years.“The NYT had worked on a few books that were syntheses on specific topics, but had never attempted anything of this depth and breadth,” said Koehn, who couldn’t bypass a chance “to follow the arc of time, that is, some of history’s most interesting individuals and events, through the eyes of men and women watching them in real time.”Koehn, a historian and scholar of entrepreneurial leadership, calls the book “an incredibly exciting intellectual opportunity.”It was an opportunity that included a lot of work. Koehn first had to decide which “thematic avenues the book would travel,” and spent three years simply reading Times backlogs.“Then,” she said, “the real work began, the task of selecting the articles. About 100, from almost 15 times that many, that would make it in.”Koehn’s themes are expansive but methodical. “From Wall Street to big business, from the transportation revolution to the information revolution — all of these subjects and more form the chapters of the book,” she said. “But these building blocks are laid upon the three-part foundation of business in America: the corporation, the changing nature of work, and defining moments in technology.”A book of such historical intensity is ever-pertinent in today’s economic climate. “We forget, in our age of the ‘next new thing,’ that we are not the first generation to stand at a crossroads, despairing and uncertain of what’s to come,” Koehn said. “It was heartening to see how we as a people have navigated through such similar points as the end of the Civil War or the Depression. If today’s leaders are going to make sense of the current financial crisis and its significance, they need the breadth and depth of information that the Times affords — and they need to learn from their predecessors.”last_img read more

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