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International Conference on Transparency & Accountability in Justice Administration System: Challenges and Resolution’: 24-25 Sept 2016

Sep 24, 2016

  The Centre for Transparency and Accountability in Governance (CTAG)  at National Law University Delhi and CHRI, New Delhi, organised a two-day International Conference on Transparency & Accountability in Justice Administration System: Challenges and Resolution  on 24th and 25th of September 2016.  The inaugural session Chaired by Hon’ble Mr. Justice V Gopal Gowda, Judge, Supreme Court of India, Chief Guest & Key Note Speaker and also attended by Justice Mohan Pieris, Former Chief Justice of Sri Lankan Supreme Court, Guest of Honour; Prof MP Singh, Professor of Law & Chancellor, Central University Haryana; Mr Venkatesh Nayak, CHRI and Prof. G.S. Bajpai, Registrar, National Law University Delhi, was conducted on 24th September, 2016. Prof MP Singh, delivered the inaugural speech/welcome address. Dr. J.S. Mann, Director of CTAG and Convenor of the Conference, spoke on the themes of the Conference. Further, Justice Mohan Pieris, Former Chief Justice of Sri Lankan Supreme Court, delivered the Guest of honour address, where he touched upon the contemporary issues of appointment and removal of judges in Sri Lanka. Vote of Thanks was conveyed by the Registrar.

 

Activists, lawyers, professors, and students paper presenters from all over India as well as some foreign countries took part in the Conference in various capacities. The Conference witnessed lively participation and quality discussion from all the panellists, paper presenters and participants. The Conference organised 09 specialised technical sessions covering, important challenges in the form of Judicial independence, Separation of powers, transparency and accountability in the Bar and Bench, appointment and removal of judges, professional misconducts of judges and legal practitioners, accountability of bar councils and associations, and corruption in bar, bench and law school.   Expert Panellists of the Conference included experts like Justice, Mohan Pieris, Former Chief Justice of Sri Lankan Supreme Court, Justice S Murlidhar, Judge Delhi High Court, Prof NR Madhava Menon, Prof NL Mitra, Prof MP Singh, Prof BT Kaul, Prof Sachidanandam, Prof A Jaya Govind, Prof V Vijayakumar, Prof Prodhan from Bangladesh, Shri Prashant Bhushan, Mr Ajmer Singh, Reporter Economic Times, Mr Abani Sahu, Senior Advocate Supreme Court of India and other experts on Justice administration system. Forty Papers were presented by students, teachers and other professionals. Corruption in the Judiciary and Bar Councils by most of the panellists was also seen as a serious threat to the quality of operations in justice administration system. The Valedictory Cum Technical Session on 25th Sept 2016 was chaired by Justice S Murlidhar, Judge, Delhi High Court.  Justice Murlidhar stressed upon the need of controlling corruption in the judiciary and Bar for providing quality legal services and restoring the trust of people over the justice administration system in India. The Conference concluded on a high expectation that such Conference should be organised regularly and all the stakeholder involved in the justice administration system must ensure transparency and accountability in the governance.






Workshop on Right to Water and Sanitation in association with University of Antwerp, Belgium, 24-26.08.2016

Aug 24, 2016

Expert Consultation on Water and Sanitation Rights for Urban poor in Delhi

 

The consultation was attended by representatives of NGOs like CURE and Action India amongst others, students and faculty members from NLU, Delhi and the University of Antwerp. A representative from UNICEF was also present. The programme began with a welcome address by Professor Ranbir Singh, the Vice Chancellor of NLUD. This was followed by renewing the partnership between the University of Antwerp and NLUD by signing of an MOU.

 

The first session was chaired by Dr. Anup Surendranath. The session began with the presentation of the concept of localising human rights by Professor Koen De Feyter, Chair of International Law at University of Antwerp. He explained how the concept starts with a hypothesis on the effectiveness of human rights and that what people perceive as rights and violations is more important than how the law looks from the top-down. After an outline of the Steps involved from when human rights claims emerge to the receiving of the law by its “users”, the floor was open for questions and discussions. The broad questions and issues for consideration were: the relevance of the concept in situations where the sovereignty of the state is challenged, situations where the human rights language could be counter-productive and other challenges that advocates of human rights face.

 

Session 2 was chaired by Dr. Aparna Chandra. In this session, Dr. Maheshwar Singh presented the study on the right to water and sanitation for the urban poor in Delhi with a caveat that the study is still ongoing and what is being presented are the mid-research results for inputs of the experts present. He gave a brief description of the results of the study in the background of the contents of right to water and sanitation under General Comment 15 of the UN Committee of Economic, Social and Cultural rights. The contents of the right of water on Availability, Accessibility, Affordability, Quality and Acceptability were discussed in the three slums (Rangpur Pahadi, Begumpur in Malaviya Nagar and Bhanwar Singh Camo) and one resettlement colony (SavdaGhevra) in Delhi. This was followed by a Qn A session in which issues like the relevance of caste and gender while discussing accessibility came up majorly. The depth of the study prompted the discussion towards more nuanced issues like Sale of illegally obtained water and the tanker mafia, quality of water, black economy in the slum “market”, shrinking spaces in metros for the ever increasing population, effectiveness of Women’s collectives, failure of urban institutions and the multiplicity of institutions-DJB, DUSIB, MCD etc, and the need for 24*7 water supply. 






Conference on Paralegal Education in India, July 22-24, 2016

Jul 22, 2016

National Law University, Delhi (NLUD) organized three day Conference on ‘Paralegal Education in India’ from July 22-24, 2016 under the Fulbright Specialist Programme. Prof. J. Danixia Cuevas who is a Paralegal expert and a Professor at Miami Dade College, Miami, Florida, USA visited NLUD as Fulbright Specialist for assisting in this respect. The aim of the conference programme was to help in providing access to legal aid and justice to poor by establishing Paralegal Education System. A group of around 15 participants across the country participated in the conference. Intense discussions were pursued in relation to different aspects of paralegal education and final conclusions of the deliberations were summed up in the valedictory session. Prof. (Dr.) Harpreet Kaur had spearheaded and coordinated the Fulbright Specialist Project on ‘Paralegal Education in India’ on behalf of NLUD.






Indo-Norwegian Cooperation Programme in Law Joint Ph.D Workshop, 19-22.5.2016

May 19, 2016

Indo-Norwegian Cooperation Programme in Law

Joint Ph.D Workshop

National Law University, Delhi and Faculty of Law, University of Bergen, Norway

 

A Joint Ph.D Workshop was held at National Law University, Delhi under Indo-Norwegian Cooperation Programme in Law between National Law University, Delhi and Faculty of Law, University of Bergen, Norway. The workshop was organised for three days from May 19-22, 2016.  A 10 member delegation from University of Bergen comprising of 6 research scholars, two professors and two senior executives participated in the workshop. 12 research scholars of NLUD and UoB presented their research work in front of expert panels. Along with receiving expert opinions, the workshop gave opportunity for peer learning to researchers and in understanding different methods of research applied at two universities.  Apart from presenters, many other researchers of NLUD participated in the workshop.






Bankruptcy Laws & Cross-Border Insolvency in India- The Way Ahead’ May 14, 2016

May 14, 2016

‘Bankruptcy Laws & Cross-Border Insolvency in India- The Way Ahead’ May 14, 2016

Organized by: -

CENTRE FOR TRANSNATIONAL COMMERCIAL LAW (CTCL)

NATIONAL LAW UNIVERSITY, DELHI

 

A one day seminar on ‘Bankruptcy Laws & Cross-Border Insolvency in India- The Way Ahead’, May 14, 2016, was organized by the Centre For Transnational Commercial Law (CTCL), National Law University, Delhi.

 

Prof. G.S. Bajpai, Registrar NLUD,  in his welcome address, highlighted the efforts of NLU Delhi to expedite efforts and dialogue in various niche areas of law, and that this was an opportune time to discuss the consequences and provisions of the Bankruptcy Code which has been passed recently by the Parliament.

Hon’ble Justice Rajiv Shakdhar, Judge Madras High Court, in his Keynote Address, discussed the history of the Insolvency Code and the Companies Act of 1956, that earlier legislations were insufficient to address the modern needs of the market. Justice Shakdher mentioned that India’s experience with SICA is that a good law will come to nought if the administrators don’t apply it properly. The change– resolution professionals under the new act have been provided for to take over the management of the company. Another area of concern – four edifices – insolvency professionals, insolvency professional agencies, insolvency board and information utilities – have to be kick-started immediately to render this act more effective. Additionally, there is not enough attention in the area of personal bankruptcy.  SMEs sector plays an important role in manufacturing and exports but since there are no specific provisions, a large sector is let out and renders the current act as a “corporate-centric legislation”; suggests a non-adjudicatory process for small debts, and that the fresh start provision needs a fresh look. Another concern area is Cross-border insolvency which needs a careful view.

 

Dr. T. K. Vishwanathan (Chairman BLRC), Highlighted the difficulties encountered and the challenges faced by the BLRC during the drafting of the IBC. Initially, bankruptcy courts/adjudicatory forum similar to the ones in the US were being thought of but ultimately the Committee adopted a pragmatic approach and tried to do the best with the existing mechanism.

 

Prof. Ajay Shah outlined the importance of Bankruptcy law in India. Promoters to be in control of the company – but this is not always an ideal situation for a company. Control is limited to being based on timely payments of the debt contracts of the firms. Business should be dynamic, hence takeover of control of a company doing badly could be good for promoters and entrepreneurs, who can then move on.

 

The 1st session was upon the Insolvency & Bankruptcy Code 2016 (IBC), the panelists included, Dr. T. K. Viswanathan, (Chaiman BLRC), Prof. Ajay Shah of NIPFP & member BLRC, Prof. Anjali Sharma of IGIDR and Ms. Richa Roy of AZB & Partners.

 

The 2nd session covered discussions upon Cross-Border Insolvency & the UNCITRAL Model Law on Cross-Border Insolvency. The panelists were Prof. Stefan Vogenauer of Max Planck Frankfurt, Ms. Maneesha Dhir of Dhir & Dhir Associates, Ms. Aparna Ravi who is member of BLRC and Dr. Risham Garg Assistant Professor (instructs course of ‘Bankruptcy Insolvency & Restructuring’ in LLM and as a seminar paper at NLUD).

 

The 3rd session was on critical appraisal and the contemporary challenges for the IBC 2016. The panelists included Mr. Pavan Vijay of Corporate Professionals, Ms. Misha Partner, Shardul Amarchand Mangaldas & Co., Mr. Divyanshu Pandey, Partner JSA, and Mr. Pratik Datta of NIPFP.

 

Dr. Risham Garg, Research Director of the Centre for Transnational Commercial Law at NLU Delhi, delivered the Vote-of-thanks. Participants consisted of law professors, practitioners, Ph.D. candidates and students of law from various National Law Universities, and other prominent law institutions across India.

 

Presentations:

  1. Ms. Anjali Sharma, IGIDR- The Insolvency and Bankruptcy Code, 2016  (IBC)
  2. Ms. Richa Roy, AZB & Partners- The IBC thinking/rationale and process for corporate and individual insolvency
  3. Dr. Risham Garg, NLUD- Cross-border Insolvency: Case Study- EU, US, UK, India
  4. Ms. Aparna Ravi, Member BLRC- Addressing Cross-Border Issues in Indian Insolvency Law Reform
  5. Mr. Pavan Kumar Vijay, Corporate Professionals- Insolvency and Bankruptcy Code, 2016 – Ushering a New Economic Era
  6. Mr. Divyanshu Pandey, Partner JSA- Insolvency and Bankruptcy Code, 2016- Contemporary Challenges
  7. Ms. Misha, Partner, Shardul Amarchand Mangaldas & Co.- Insolvency Regulator under the IBC





5th Annual IP Teaching Workshop" on 31 March - 1 April, 2016.

Apr 01, 2016

  The Centre for Innovation, Intellectual Property and Competition (CIIPC) and the National Academy of Law Teaching at the National Law University, Delhi organised the Fifth Annual IP Teaching Workshop at NLU Delhi on 31st March and 1st April, 2016. The IP teaching workshop was the flagship event of CIIPC and there were participants from different parts of the country. The workshop began with a welcome address by Prof. (Dr) Ranbir Singh, the Vice-Chancellor of the National Law University, Delhi. Thereafter, the theme and objectives of the workshop were introduced by Mr Yogesh Pai, Co-Director, CIIPC, NLU Delhi. The theme of the workshop was “IP Interfaces” and the workshop discussed the interface of IP laws with many other important laws, so as to get a more holistic understanding of the “interfaces”. The discussions were organised in different clusters and contemporary legal issues in the following clusters were discussed in detail:

 

  • IP and Competition Law
  • IP and Biodiversity Law
  • IP and Constitutional Law
  • IP and Arbitration Law
  • IP and IT Law
  • IP and Investment Law
  • IP and International Trade Law
  • IP and Corporate Law
  • IP and Insurance Law
  • IP and Contract Law
  • IP and Environmental Law
  • IP and Criminal Law

 

Prof. (Dr.) G.S Bajpai, Registrar, NLU Delhi delivered the Valedictory Address on 1st April 2016. The event ended with vote of thanks by Dr. Arul George Scaria, Co-Director, CIIIPC.






Conference on 'Open Markets, Free Trade and Sustainable Development: Friends or Foes?' March 13-15, 2016

Mar 13, 2016

  National Law University, Delhi organized the Joint Indo-German Conference on ‘Open Markets, Free trade and Sustainable Development – Friends or Foes?’ in association with the Ruhr-University Bochum, the University of Hamburg and the Humboldt University of Berlin, Germany, from 13-15 March 2016.

 

The inaugural session of the Conference was held on 13 March 2016, and was graced by the presence of Professor Ranbir Singh, Hon’ble Vice Chancellor of National Law University, Delhi, Professor Wolfram Cremer from the Ruhr-University Bochum, Professor Philipp Dann from the Humboldt University, Berlin, Professor Helmut Goerlich from the University of Leipzig, Professor Markus Kotzur from the University of Berlin and Professor M.P. Singh, from National Law University, Delhi. Over six sessions spread over the next two days, distinguished scholars from India and Europe deliberated issues surrounding the Conference theme – exploring the ‘social’ in a social market economy, the encounter between cultural diversity and open markets, and that between sustainable development and market liberalization, and development cooperation between India and the European Union, concluding through a panel discussion that weighed the perspectives voiced during the Conference. Professor UpendraBaxi, Distinguished Professor, National Law University, Delhi delivered the valedictory address, in which he outlined a roadmap for future Joint Conferences.

 

In all, it was mutually agreed that the Conference succeeded infacilitating crucial dialogue by creating a space for the sustained exchange of ideas between the two polities.






International Finance and Corporate Course (IFCC) in association with Allen & Overy LLP, U.K 7-9, Mar, 2016

Mar 09, 2016

  National Law University, Delhi hosted the International Finance & Corporate Course (IFCC) in collaboration with Allen & Overy LLP, (a Magic Circle law firm headquartered in London) from 7th–9th March 2016. The IFCC focuses primarily on giving undergraduate students an understanding of the basic principles of finance and corporate law, until now has only been available outside India.

 

The three-day long technical legal training programme saw enthusiastic participation from NLSIU, Bangalore, WBNUJS, Kolkata,  NLU, Jodhpur and  NALSAR, Hyderabad, in addition to forty students from the B.A., LL.B. (Hons.) programme at the host institution. The course was taught through a combination of seminars and facilitated workshops which served as an introduction to the practical side of transactions with a focus on banking, capital markets and corporate laws.

 

In addition to this, Allen & Overy for the first time ever, launched the “Smart Start Experience” in India, in partnership with the ‘Increasing Diversity by Increasing Access’ (IDIA). In 2014, following a rigorous assessment, Smart Start had become the first work experience programme in the UK legal sector to be accredited by City & Guilds, the internationally recognised vocational education business.

 

During the two day event at NLU, Delhi, sixteen selected IDIA scholars across got a chance to have invaluable interaction with Allen & Overy lawyers, NLUD’s professors and IDIA volunteers helping them refine their business and soft skills including presentation technique, interview style and persuasive writing.






Two Days National Seminar on Consumer Protection: New Age Challenges, Feb. 19-20.2.2016

Feb 19, 2016

  Globalization and liberalization of trade and business have resulted in many products and services being available to consumers. This has necessitated giving high priority for protection of consumers and promotion of responsible consumer movement in the country. In light of the experience gained through the working of the consumer fora, important changes in the existing legal regime - substantive and procedural- are required with a view to make the consumer justice delivery system efficient, effective and economical.  There is also an urgent need to address the challenges posed by e-commerce and direct selling. E-commerce has potential to improve consumer welfare by making a wider range of products available, boosting price and quality competition besides developing new markets but at the same time it also brings significant new challenges for consumers, businesses and consumer protection authorities. This requires a departure from traditional modes of regulation.

 

Even after over 25 years of enactment of the Consumer Protection Act, 1986, the law has not been able to achieve its avowed mandate of providing better protection of consumer interests in full measure. It is high time that suitable amendments are effected in the extant legal regime to effectively meet the challenges thrown by consumerism and newly emerging markets and business models.

 

Keeping the above in mind, National Law University Delhi in collaboration with Centre for Consumer Studies, Indian Institute of Public Administration, New Delhi, sponsored by Department of Consumer Affairs, Ministry of Consumer Affairs, Food and Public Distribution, Government of India organized a two day National Seminar during February 19-20, 2016. The Seminar was organized with a view to generate a discussion amongst legal luminaries, academics, members of Voluntary Consumer Organizations (VCOs) and enforcement agencies at a time when the Government is endeavouring to amend the Consumer Protection Act, 1986.

 

The Seminar witnessed wide participation from students, academia, stakeholders, lawyers and Government officials. Hon’ble Justice (Dr.) B.S. Chauhan, Chairman, Cauvery Water Dispute Tribunal and former Judge, Supreme Court of India, delivered the inaugural speech. The Valedictory Session of the Seminar was presided over by Hon’ble Justice Gita Mittal, Judge, Delhi High Court.

 

List of Participants: Consumer Seminar