“42-A Prohibition to participation the land reserved for common purposes.-

Notwithstanding anything contained in this Act or in any other law for the time being in force, or in any judgment, decree, order, or decision of any court, or any authority or any officer, the land reserved for common purposes whether specified in the consolidation scheme or not, shall not be partitioned amongst the proprietors of the village, and it shall be utilized and continued to be utilized for common purposes. ”

By inserting the above section the Punjab Government had placed a bar on partition of the shamlat land after 2007.

-By Abhishek Kumar Bansal

Arbitration is a process for resolving business dispute through adjudication by an arbitral tribunal consisting of sole arbitrator or more arbitrators appointing by the parties.

Halsbury defines “arbitration” as the reference of dispute or difference between not less than two parties for determination after hearing both sides in a judicial manner by a person or persons other than a Court. In other words, arbitration is the means of dispute settlement in which instead of going to the court, the parties, by mutual consent, or by the terms of their agreement, refer the dispute to a third person, who is called the arbitrator and the award passed by him is final and binding on the parties and has the same effect as that of a court’s decision. The main essence of arbitration is the settlement of disputes by a tribunal chosen by the parties of a dispute themselves rather than a Court which is chosen by the State.

The present law on arbitration in India is the Arbitration and Conciliation Act, 1996 which is based on the UNCITRAL Model Law on international commercial arbitration.

Preamble of the 1996 Act aims to consolidate and amend Indian laws relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards. The object of the 1996 Act is to minimize supervisory role of courts and to render speedy justice.[1]

The Act consolidates domestic and international commercial arbitration in one statute. The Arbitration Act of 1996 has 86 Sections which are divided into four parts. Part I relates to arbitration held in India, Part II relates to foreign awards, Part III relates to consolation and Part IV relates to supplementary provisions.

Prior to the enforcement of the 1996 Act, the law of arbitration in this country was substantially contained in three enactments namely (1) the Arbitration Act, 1940 (hereinafter referred to as ‘the1940 Act’) (2) the Arbitration (Protocol and Convention) Act, 1937 (hereinafter referred to as ‘the 1937 Act ’) and (3) the 1961 Act.

In the year 1993, the Supreme Court of India in the landmark judgment in National Thermal Power Corporation[2] had reversed judgment of Delhi High Court which had led to amendment and consolidation of the arbitration law in India in 1996.

The judgment in National Thermal Power Corporation[3]  was based on Section 9(b) of the 1961 Act, it resulted in reactions by the foreign investors that how an award made in England can be set aside by courts in India merely because Indian law is applicable to it. It led the Govt. of India to decide to delete Section 9(b) from the 1961 Act. It was further decided to consolidate the entire arbitration law into one statute. This decision of the Govt. of India resulted in enactment of the 1996 Act.

The basic concept at the root of Arbitration under the Indian Arbitration and Conciliation Act, 1996 is an Arbitration agreement. In other words, the foundation of Arbitration is the Arbitration agreement between the parties to submit to arbitration all are certain disputes which have arisen or which may arise between them. Thus, the provision of arbitration can be made at the time of entering the contract itself, so that if any dispute arises in future, the dispute can be referred to arbitrator as per the agreement.

-By Abhishek Kumar Bansal

Time line of development of arbitration- A table is given below for ready reference of the development of arbitration:
Year	Development
Ancient Hindu Period	There were various grades of arbitrators namely Puga, Sreni and Kulla. Matters were referred to Punches or head of Panchayat.
Ancient Muslim Period	The Hedaya contains provision for settlement of disputes between the parties by Hakam- the arbitrator whose awards is binding on the parties except in cases where the award was in valid on account of any legal infirmity.
1697	First Law in England on arbitration.
1772	Bengal Regulation of 1772.
1781	Sir Elijah Impeya’s Regulation of 1781.
1787 -1883	Regulations of 1787 -1883, 1793, 1795, 1803, 1814, 1822 1827 and 1883.
1859	Civil Procedure Code, 1859.
1882	Code of Civil procedure, 1882.
1889	English Arbitration Act, 1889.
1899	Indian Arbitration Act, 1899.
1908	The Civil Procedure Code, 1908.
24.9.1923	Protocol on arbitration Clauses signed at a meeting of the assembly of the League of Nations.
1925	The Civil Justice Committee presided over by the Hon’ble Mr. Justice Rankin examined law of Arbitration in 1925and recommended to consolidate law of arbitration.
26.9.1927	Convention on the Execution of Foreign Arbitral Awards signed at Geneva.
1934	English Arbitration Act, 1934 passed in England.
1937	Arbitration (Protocol And Convention) Act, 1937.
1940	The Arbitration Act, 1940.
1950	The English Arbitration Act, 1950 passed in England.
1953	The ICC issued a draft convention in 1953 on international arbitral awards.
06.05.1954	The United Nations Economic and Social Council by its resolution No. 520 (XVII) dated May 6, 1954 established an ad hoc committee of eight Member States to study the matter raised by the international Chamber of Commerce in the light of all the relevant considerations and to report its conclusions to the former submitting such proposals as latter deemed appropriate, including a draft convention.
10.6.1958	Convention on the Recognition and Enforcement of Foreign Arbitral Awards – the ‘New York’ Convention.
30.11.1961	Foreign Awards (Recognition And Enforcement) Act, 1961.
1966	United Nations Commission on International Trade Law (UNCITRAL) was established by the General Assembly of the United Nations in December 1966 with the aim of promoting the unification and harmonization of international trade law.
1976	UNCITRAL drafted the UNCITRAL Arbitration Rules (1976) a flexible set of arbitration rules, capable of being used as a framework for all sorts of arbitrations, anywhere in the world and designed to ensure that the ensuing award would be enforceable in any state which recognizes the 1958 New York Convention.
1979	The English Arbitration Act, 1979.
1981	The Supreme Court of India had criticized the mechanisms prescribed by the 1940 Act in Guru Nanak Foundation v. Rattan Singh & Sons.
21.06.1985	The United Nations Commission on International Trade Law prepared and adopted Model Law on International Commercial Arbitration on June 21, 1985, at the close of the Commission’s 18th Annual Session. All major commercial and trading states have signed on to the first edition of the Model Law (1985) Canada was one of the first to do so, in 1986, though they had been one of the last to sign onto the 1958 New York Convention – which they also signed in 1986.
1989	The Supreme Court of India had recommended improvement in law of arbitration in Food Corporation of India v. Joginderpal Mohinderpal.
1996	The English Arbitration Act, 1996.
25.1.1996	Indian Arbitration and Conciliation Ordinance, 1996 came in to force.
22.8.1996	Arbitration and Conciliation Act, 1996 came in to force vide notification no.GSR 375(E) dated 22/8/1996 published in the gazette of India.
2003	The Government of India has introduced the Arbitration and Conciliation (Amendment) Bill, 2003 but subsequently it was withdrawn.
2010	The Arbitration and Conciliation Bill 2010 was introduced in the parliament.

The present law still being the Arbitration and Conciliation Act, 1996.

                 -by Nandita Chauhan

As I  stretch my muscles on a double spring bed, thinking to treat myself  a strawberry mousse, slothful  to  budge my delicate manicured Fingers from the electronic book, so much so, occupied on tweeting to a friend on congratulating  him for his wedding to his long time partner, ostentatiously  supporting the gay marriages. I feel comfortable in my deliberation of being a liberal. Contended with the day’s activity I move on further to detail myself on the headlines, anguished on reading about the assassination of a Pakistani elite for voicing his thoughts on the blasphemy law existing in Pakistan, further to add to the disorientation of the whole state of affairs I read the rape of a Pakistani woman, in order to settle illicit sex done by her brother, with illicit sex done to her applying the much forsaken principle of medieval times, an eye-for-an-eye. The poor woman is tormented, paraded naked through the streets. She is threatened not to utter any word keeping in mind the puritanical set up of her country. Further to add to her woes the Prime Minister who indeed is the sovereign head of the state restricts her movement to travel abroad in fear of the country’s image being stained. Yet she’s valiant in her endeavors of getting Justice notwithstanding the suppression of her own country’s  call on morality she rises with the support of the international community ,is taken  up as a cause to fight against the atrocities displayed against women.

Buds a thought which makes me feel free to think, speak my conviction also making me realize the foundation of this liberal set of mind, being the only source, which is my Country India though bursting at the seams but is beautifully integrated with the strings of democracy. Makes me shore up against those who in any way try to muddle up with any of my rights.

-Abhishek Kumar Bansal and Nandita Chauhan.

The longing to procreate is a very elementary attribute of the human race. Owing to several reasons, biological or otherwise few people are deprived of the bliss of parenthood.

Surrogacy can be seen as an alternative form of Assisted Reproductive Technology that can assist a person or couple to have a child. India is becoming a global hub for commercial surrogacy with each year more and more foreign nationals seeing this subcontinent as a potential house of women renting womb. In the absence of any law to govern surrogacy, the Indian Council of Medical Research issued Guidelines in 2005 to check the malpractices of Assisted Reproductive Technology. These national guidelines for Accreditation, Supervision and Regulation of ART Clinics in India, 2005 are non statutory, have no legal sanctity and are not binding.  Silent on major issues, they lack teeth and are often violate.

The 228th law commission report has made many observations on the need for legislation to regulate assisted reproductive technology clinics as well as rights and obligations of parties to a surrogacy. This practice gaining momentum has lead us to wonder on the legalization of surrogacy and setting a national frame work by providing for the Regulation and Supervision of Assisted Reproductive Technology and matters connected therewith or incidental thereto as a unique proposed law protecting the rights of surrogate parties. This is being done by virtue of the Assisted Reproductive Technology Bill, surrogacy 2010. Courts and legislatures around the country are grappling with the legal complexities of surrogacy arrangements. Truly, the legalization of surrogacy has seen the spurt in our country. This has made the legislature think on lines of comprehensively working on surrogacy laws. The new law also gives the provisions for the citizenship of the child born out of surrogate mother. The position of law governing surrogacy has different faces in various countries across the world. Majority of the countries prohibit commercial surrogacy .Commercial surrogacy is illegal in many countries like USA, Australia, Canada etc, being inconsistent with human dignity that a woman should use her uterus for financial profit and treat it as an incubator for someone else’s child.

In Cases of adoption, in case of failure to take delivery of the child born to the surrogate mother also requires to be dealt in the current legislation. Surrogacy agreements entered by same sex couples being not covered by the act stand illegal. With it becoming the bread and butter for several poor households, it seems to have been a well-settled profession on Indian soil and the inevitable consequence would be the creation of a market specializing in the sale and purchase of babies or a kind of baby-farming operation leading to commoditization of the child of a wholly distasteful and lamentable kind.

 by Nandita Chauhan & Abhishek Bansal.

At the end of 2010, around 600 seafarers from more than 18 countries are being held hostage by pirates.[1]Piracy is an issue which has caused great distress to global business and trade. Not only it accelerates the cost of security but also puts human life in jeopardy. The contemporary piracy seems to be majorly focused in Somali plus it also draws the attention towards the inevitable costs on Somali piracy.

The direct financial costs of piracy, such as: ransoms, insurance premiums, the costs of re-routing to avoid piracy regions, deterrent security equipment, naval forces, piracy prosecutions, and anti-piracy organizations would also be dealt in the research paper.

The   surmounting   fear of of Piracy constitutes a deterrent in global trade. Around 80% of world trade presently travels by sea, representing around 93,000 merchant vessels, 1.25 million seafarers, and almost six billion tons of cargo[2]. Since the end of the Second World War the seaborne trade has doubled every decade. In current years, the international community has witnessed one of the world’s oldest crimes against this trade – piracies—re-emerges and flourish.

Pirates have regularly now started to use ‘mother ships’ to increase their range. The IMB recently put out a warning identifying potential mother ships[3] leading to drastically disrupting international trade.