(2009)
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Member, Ghana Bar Association
Acting SP
As a result of the events of 16 November 2020, Jane Cynthia Naa Koshie Lamptey, the Deputy Special Prosecutor, has been acting, in accordance with section 17 (3) of Act 959, which states, “the Deputy Special Prosecutor shall act in the absence of the Special Prosecutor or in the event of a vacancy in the position of the Special Prosecutor.”
She has held the fort for over five months. Our checks suggest that, whiles happy to play the acting role, the experienced prosecutor has made it clear that she will not be interested in a permanent elevation.
In its decision in
Sierra Leone v SL Mining Ltd,(1) the High Court confirmed that alleged non-compliance with the provisions of a multi-tiered dispute resolution clause (in particular, the submission of claims to arbitration prior to the end of a prescribed period of negotiation) is exclusively a matter of admissibility for the arbitral tribunal and cannot lead to a successful jurisdictional challenge under Section 67 of the Arbitration Act 1996. This decision confirms the scope of a London-seated tribunal s substantive jurisdiction under Section 30(1) of the Arbitration Act. It also confirms that initiation of arbitration proceedings, in apparent breach of a mandatory multi-tiered dispute resolution clause, may be valid where settlement of the dispute is deemed impossible within the remaining prescribed period.
The future of arbitration in India: Strengthening the process of alternative dispute resolution
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The future of arbitration in India: Strengthening the process of alternative dispute resolutionBy Manoj K Singh, ET CONTRIBUTORS
Last Updated: Apr 17, 2021, 01:28 PM IST
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Synopsis
The Arbitration and Conciliation Act 1996 has been modelled on lines of the UNCITRAL framework of laws with the idea to modernize Indian arbitration law and bring it in line with the best global practices and also make India a global hub for arbitration.
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The 2019 Amendment has also introduced a tiered system of referring disputes to arbitral institutions.
Being a global economic powerhouse, and in the interest of integrating with the global business community, Indian laws have repeatedly been amended to keep the country at par with legal regimes in other leading commercial law jurisdictions.
Aparimita Pratap Lawyer Nishith Desai Assoc. India-centric Global Law Firm
+91 7651886379
Professional Biography:
Aparimita is a member of the Dispute Resolution practice at Nishith Desai Associates, Delhi. She has worked on matters involving International Commercial Arbitration, Insolvency and Bankruptcy, Intellectual Property and Technology laws.
Aparimita graduated from the West Bengal National University of Juridical Sciences, Kolkata (WBNUJS) in 2019. She has a keen interest in alternate dispute resolution and international law and was a member of the Alternate Dispute Resolution Society at her college. She has previously published articles on the topics ‘Corporate Criminal Liability under the Rome Statute’ in the Berkeley Journal of International Law Blog and ‘Modern Day Slavery & Trafficking Under the Rome Statute’ in the Cambridge International Law Journal Blog.
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