Law Review

Oct'19


The IUP Law Review

ISSN: 2231-3095

A 'peer reviewed' journal indexed on Cabell's Directory, and also distributed by EBSCO and Proquest Database

It is a quarterly journal focusing on various aspects of law and legal principles/issues relating to Cyber Law, Patent Rights, Copyrights, Insurance Contracts, Risk and Insurance, Banking Regulations (including Cooperative Banks/Rural Banks), Consumer Grievances, E-commerce/Internet Banking, Environmental Pollution, Public Policy, International Agreements and Treaties, Capital Markets, Mutual Funds, Secondary Markets, Medico-Legal, Socio-Legal, Arbitrations and Settlements.

Privileged access to Online edition for Subscribers.

Focus Areas
  • International Business Law
  • Corporate and Securities Law
  • Banking Law
  • Insurance Law
  • Cyber Law
  • Environmental Law
  • Alternative Dispute Resolution
  • Healthcare Law
  • Employment Law
  • Intellectual Property Rights
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Article   Price (₹) Buy
Mandatory Mediation of Commercial Disputes: A Misnomer in India
50
The Prevention of Money Laundering Act, 2002: Caveat Emptor
50
A Comparative Analysis of Contemporary Laws Related to Copyright in Australia, the UK and the USA
50
Effective Drug Regulation: A Corollary of Right to Health
50
     
Contents : (Oct 2019)

Mandatory Mediation of Commercial Disputes: A Misnomer in India
Kiruthika D and Vinesha A M

India is known for the inordinate delays in the disposal of cases. Inordinate delays in the legal process are viewed as breach of investment treaty obligation by India. To overcome this and to ensure speedy adjudication of commercial disputes in India, the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 was enacted. Alternative Dispute Resolution (ADR) mechanism plays a major role in commercial disputes. Among all the ADR mechanisms, mediation has attracted the parties around the globe and proved to play an effective role in commercial dispute resolution. Of late, mediation has found an attractive position under Section 12A of the Commercial Courts Act, 2015 by way of 2018 amendment in the form of Pre-Institution Mediation and Settlement. The legislature intended mediation to be a remedy of first instance which has to be exhausted before moving the court of law. Against this background, this paper analyzes the introduction of this new concept into the Commercial Courts Act and takes a critical view on the implementation of mandatory mediation in commercial disputes. The paper further gives suggestions to overcome the shortcomings in the implementation of Section 12A of the Commercial Courts Act, 2015.


© 2019 IUP. All Rights Reserved.

Article Price : ? 50

The Prevention of Money Laundering Act, 2002: Caveat Emptor
D Ganesh Kumar and Akshay D Gudinho

This paper seeks to gauge the attention of constitutional functionaries and legal practitioners generally, and homebuyers specifically by highlighting a few discrepancies in the Prevention of Money Laundering Act, 2002. The said Act has been amended a number of times since its first enactment owing to the growing emphasis on curbing money laundering in the political narrative in India. In drafting the law and empowering the enforcement agencies, the Parliament has sought to tackle the problem of money laundering and weed out the proceeds of crime hidden in the deepest crevices of the financial system. However, in doing so, has the Parliament gone a few steps too far? This paper seeks to answer this very question in the affirmative. The paper deals with the constituents of the “proceeds of crime” in tandem with the offense of money laundering under the said Act prior to and after the Prevention of Money Laundering (Amendment) Act, 2012. Pursuant thereto, the nature of the attachment and confiscation proceedings under the said Act have been discussed. Thereafter, how the said amendment works to the bereavement of bona fide homebuyers is dealt with on three counts: (i) the right to property; (ii) the burden of proof, and (iii) wrongful attachment of property. The paper concludes with a few alternative interpretations to the said Act provided by the Indian Judiciary which supports the suggestions made by the authors to remedy discrepancies highlighted in the Act.


© 2019 IUP. All Rights Reserved.

Article Price : ? 50

A Comparative Analysis of Contemporary Laws Related to Copyright in Australia, the UK and the USA
Neelesh Shukla

Globalization has become one of the greatest stimulators in integrating economies and societies of different nations across the globe and in breaking economic barriers and envisioning the world as a market of trade. In the modern days of dispute resolution of commercial conflicts, there is a drift from litigation to arbitration. Online Dispute Resolution (ODR) refers to various Alternative Dispute Resolution (ADR) processes like arbitration, mediation and negotiation conducted with the assistance of online Information and Communication Technologies (ICTs). In India, ODR is in its infancy and is gradually developing. With the advent of Information and Technology Act, 2000, e-commerce and e-governance received formal recognition in India. Moreover, the traditional arbitration law has been reformulated, and now we have Arbitration and Conciliation Act, 1996 in place that is satisfying the harmonized standards of United Nations Commission on International Trade Law (UNCITRAL) Model. Also, the Code of Civil Procedure, 1908 has been amended and Section 89 has been introduced, which provides ADR in India. This paper analyzes the development of ODR methods in resolving small value disputes arising out of e-commerce transactions and their importance, and the need for designing a regulatory model to realize its full potential.


© 2019 IUP. All Rights Reserved.

Article Price : ? 50

Effective Drug Regulation: A Corollary of Right to Health
Anuj Kumar Singh

Right to health includes safe, effective and affordable drugs. For achieving this goal, there must be strong drug regulation, and identifying the conundrums is of extreme significance for efficient, smooth and flawless drug regulation. In this paper, the author focuses on identifying some issues, viz., spurious and counterfeiting drug, drug price control, unethical promotion, and issue of pharmacovigilance. References to various policies, schemes and reports have been made to substantiate the depth of issues. After appraising the issues and challenges, the author endeavors to lay down the way forward for smooth and effective drug regulation pertaining to right to health.


© 2019 IUP. All Rights Reserved.

Article Price : ? 50

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