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Friday, May 11, 2018

Dispute in name ~ Kerala Court intervenes !!!

Disputes, differences of opinion are but common – some go to Court 

– if the argument is on a name : 1st Party wanting it to be :  ** 1 – 2 ** - the other wants it to be * 3 – 4 – 2 ** - Interlocutor says – it will be “ 3 – 2” – who is the winner ?  - logic could be both parties lose 1 right – yet it would appear that the 2nd party has got it the way they wanted !! ~ the opening scene of ‘Chinna Gounder’ would start with a Judge made to wait as people from villages rush to the panchayathu – where the man utters simple words delivers judgment acceptable to all – and the driver asks the Q as to how long it would have taken to get resolved in a Civil Court ?

The European arbitration community took the French capital by storm from 9-13 April with the second edition of Paris Arbitration Week (PAW). For five full days, dispute resolution professionals discussed the latest regional developments, learn best practices and expand networks at a variety of conferences, trainings and other events that took place across the city of light.  Arbitrations are a form of resolving disputes. .. …

The Republic of Kosovo has won the legal battle in an arbitration court against German company Axos GMBH, after the company sued Kosovo government asking millions oe Euros over the failed privatisation of the state owned Kosovo Telecom in 2013. Kosovo Minister of Economic Development, confirmed to Radio Free Europe that the arbitration court has decided in favour of Kosovo in the case of privatisation of the Telecom of Kosovo obliging Axos to pay all expenses of the trial at the amount of around two million euro. Kosovo abandoned an attempt to privatise Kosovo Telecom in 2013 when the Parliament blocked a sale to German telecoms and technology investment firm ACP Axos Capital Gmbh and U.S.-based investor Najafi Companies for 277 million euros. Axos has sued Kosovo’s government over the failed sale asking millions of euros compensation.

After seven years of negotiations between Israel and Cyprus, substantial progress has been made towards signing an agreement settling the development of the Aphrodite natural gas reservoir, which lies in the territory of both countries. In the coming months, Israel and Cyprus will apply for international arbitration to decide the dispute concerning the distribution of the gas in the joint reservoir, sources inform "Globes."

In a ruling that has sent shockwaves across Europe, the European Union’s (EU) highest court, the European Court of Justice (ECJ), has struck down an arbitration agreement contained within a bilateral investment treaty (BIT) between two EU member states, the Netherlands and Slovakia. Whilst the ramifications of this decision are yet to be fully realised, it is clear that a great deal of uncertainty arises as to its impact, not only on the 200 or so other intra-EU BITs currently in force, but also on multilateral investment treaties involving the EU and its member states, most notably the Energy Charter Treaty (ECT), under which substantial disputes have arisen in recent years, particularly in the renewables sector. The case of Slovak Republic v Achmea BV (Case C-284/16) relates to Slovakia’s attempts to have an investment treaty arbitration award set aside at the seat, Frankfurt, Germany.

Back home, Times of India reported that the  Kerala high court got the unusual opportunity to name a child recently as the parents could not come to an agreement about their choices and contested each other before the court.

It fell upon justice AK Jayasankaran Nambiar to pick a name for a five-year-old child from central Kerala as the father, who is a Hindu, rooted for the name ‘Abhinav Sachin’ whereas the mother, a Christian, wanted ‘Johan Mani Sachin’. The court finally decided upon ‘Johan Sachin’ and ordered for issuing a birth certificate with that name. Both the father and the mother had filed separate petitions before the court challenging Kottayam municipality’s demand for a court order to issue a birth certificate as the parents couldn’t come to an agreement there too.  The couple had got married as per Christian rites on August 29, 2010 and as per Hindu rites the next day. After two children were born, the first in 2011 and the second in 2013, the relationship between the parents strained and they approached the family court for a divorce. While the divorce case is still pending, a birth certificate became a necessity for the second child to obtain school admission.

‘Johan Mani Sachin’ was sought by the mother citing baptism certificate whereas the father argued that ‘Abhinav Sachin’ was the name agreed upon at the 28th-day ceremony. The wife informed the court that she is willing to give up ‘Mani’ from the name ‘Johan Mani Sachin’ as a gesture of reconciliation. However, the husband insisted on ‘Abhinav’ instead of ‘Johan’.

In the judgment, the court said, “Taking note of the differences between the parents, I am of the view that, as a conciliatory measure and with a view to pacify both the parents of the child, it would be in the interest of justice to accede to the wishes of both the parents to the extent possible and therefore, assign the name ‘Johan Sachin’ to the second child of the petitioners in both these writ petitions. The name ‘Johan’ would represent the wishes of the mother of the child and the name ‘Sachin’ as a surname would satisfy the requirement of the father of the child as the said name would identify the child as his (The husband’s first name is Sachin). This course of action would be in the interests of the minor child.”

With regards – S. Sampathkumar
11th May 2018.

Photo at the start : incident between Miandad and Lillee in Perth 1981 - Miandad claimed that Lillee blocked him and "pushed him out of the way"; Lillee's version of events has Miandad subjecting him to abuse as he approached and Lillee replying in kind - no mention of any contact.

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