IAS Mains Important Essay Topics
India’s poor ranking in Environmental Performance Index 2018 & Impact
Jan 25, 2018India has the world’s largest population without access to modern energy services. Over 800 million people rely on traditional biomass for cooking. As per the most recent data available, 75% of the rural population depend on solid fuels for cooking and heating in India. This is surely a cause of concern.
Cleaning of River Ganga: Programmes & Achievements
Dec 27, 2017Rapidly increasing population, rising standards of living and exponential growth of industrialization and urbanization has exposed water resources, in general, and rivers, in particular, to various forms of degradation. The mighty Ganga is no exception.
IAS Exam Essay 2017:Relevance of Non-Alignment Movement (NAM)
Nov 8, 2017The countries of the Non-Aligned Movement represent nearly two-thirds of the United Nations' members and contain 55% of the world population. But the relevance of NAM is diluting as the world is becoming multipolar and geoeconomic interests are overpowering the geostrategic interests. Here, we are providing an outline of the relevance of NAM in today's multipolar world as asked recently in the IAS Exam Essay paper 2017.
IAS Exam: India against Terrorism
Nov 19, 2016Terrorism has become a global issue which causing hindrance for the existence of humanity on earth. The IAS aspirants must have the knowledge of India’s stand against the menace of terrorism. Here, we have provided India’s approach to deal with the problem of terrorism within its territory and outside of its territory.
IAS Exam: Environmental Concern is changing the course of International Politics
Nov 15, 2016Ecological Footprint and the Carrying Capacity became the buzzwords in the International Politics since 1992. The International Politics is moving towards the consensus to achieve the Environmental goals spelt out in the UNFCC in 1992. Let us analyse, how the Environmental Concerns is shaping the world Politics.
IAS Main Exam : Energy Security in India
Nov 4, 2016Energy security is the prerequisite for any nation to become a super power. In India we don’t have the Energy security but in near future we will be having energy surplus nation. See here the real analysis for the Energy Security Initiative taken by GOI
Current Affairs Analysis : Geospatial Information Regulation Bill
Aug 29, 2016Current Affairs is the key for the IAS Preparation and it is well established after the IAS Prelims Exam. But as we said earlier also, Its the Current Affairs background and Analysis which help in the IAS Main Exam and it is the imperative for the IAS Prepration. In recent years, the nature of questions asked in UPSC IAS Mains as well as Prelims Exam has changed significantly. Please read this important current affairs analysis of the Geospatial Information Regulation Bill
IAS Exam : Agriculture Marketing in India
Jun 23, 2016Agriculture is the main stay of the Indian Economy and their are various Government Schemes which are trying to minimise the burden of the Indian Farmers. Agriculture is also a very important topic for the IAS Exam. This article is all about the Agriculture Marketing in India and the APMC ACT.
UPSC IAS Exam : Drought in India
Jun 21, 2016Indian Economy is very much depends on the interaction of Monsoon and Drought. Each year Monsoon and its predictions are done and strategies are suggested to mitigate the drought in India. Here are the comprehensive approach to understand the drought in India
UPSC IAS Exam: Cooperative federalism in India
May 6, 2016IAS Preparation always requires a good understanding of UPSC Syllabus as a whole which comprises of Indian Polity, Indian Economy, Geography as a whole and Geography of India as a whole and the other Topics of Socio- Economic importance. Cooperative Federalism is one such important Topic for the Civil Services
UPSC IAS Exam: Animal Husbandry in India
May 6, 2016A Civil Services aspirant should try his/her best to prepare every burning topics of National and International importance for the UPSC IAS Exam. There is huge possibility of asking questions from such topics in Civil Services IAS Prelims as well as in IAS Mains Exams. So, in a regular interval, we are trying to provide such study materials which are more informative and very much helpful for the Preparation of Essay and General Studies Papers of UPSC IAS Mains Exam.
UPSC IAS EXAM : Nuclear Security Summit
Apr 20, 2016IAS Exam always ask the question on the issue of National and International Importance. Nuclear Security Summit was one such issue which will change and affect the interaction of Nuclear for Peaceful purpose among the countries.
IAS Exam:Religious Liberty and Women Rights
Apr 19, 2016IAS Exam preparation serves as a turning point in the candidates life irrespective of his or her selection inthe Civil Services. IAS Preparation changes the life of the candidates his perspective and the outlook towards life. Rights,Lberty and Duties are the intertwined concepts and requires deeper understanding of their inter-relationship of all the three.
IAS Exam:Gram Uday Se Bharat Uday Abhiyan
Apr 18, 2016Gram Uday Se Bharat Uday Abhiyan will be a flagship program of the Government of India to propagate the information regarding the vaious goverment schemes for the farmers in the villages.
IAS Exam : Fourth Industrial Revolution: Impact and Implication
Apr 18, 2016Fourth Industrial Revolution: what it is, how to respond, has three things about the ongoing transformation and advancement mark it out as a new phase rather than a prolongation of the current revolution Scope, Velocity and Systems impact.
2016 was an important year for international arbitration. Lord Chief Justice of England and Wales challenged the legitimacy of international arbitration, while supporters such as former Chief Justice of the High Court of Australia (Robert French AC) came forward to defend its coexistence with commercial courts. Several institutions such as ACICA, SIAC and KCAB updated their arbitration rules for 2016, while SCC and ICAC introduced new rules for 2017. SIAC also released its draft Investment Arbitration (IA) Rules, followed by a public consultation process and finally enactment of its new rules. Several institutions published detailed practice notes and statistics: HKIAC, SIAC, LCIA, SCC and the ICC updated its note on the conduct of arbitration. The year concluded with Hong Kong and Singapore reforming their respective laws in order to allow for third party funding arrangements – arguably one of the most important developments in 2016.
This article discusses 10 key areas which will continue to play a significant role in further developing international arbitration beyond 2020.
In response to the 2015 Queen Mary International Arbitration Survey, several institutions were seen as leading the international arbitration arena by publishing detailed practice notes and statistics in 2016. It is highly likely that this will continue in 2017, as the purpose of these practice notes is to clarify certain provisions and respond to market changes – such as recent developments regarding third party funding in Singapore and Hong Kong. Both jurisdictions will need to supplement their existing rules with practice notes shortly. However, it is worth noting that several provisions in the 2017 SIAC IA Rules already address these developments. They are discussed in a previous article.
2. Arbitrator Selection Process
Although largely ignored over the years, this area will likely be explored in 2017, though developments are unlikely to surface until at least 2018. Institutions are hesitant to disclose, let alone discuss, the selection process as it leads to significant debate among arbitrators, law firms, and academics. What cannot be denied is that it is inherently difficult to assess whether parties are in a better position to appoint arbitrators, or whether the task should be left to the arbitral institution – as the answer will depend on the experience of the parties.
Developments in this area could vary from the release of practice notes with basic guidelines, to publishing an arbitrator selection framework – where institutions would implement their own guidelines in order to clarify the various factors that must (or should) be considered before an arbitrator is appointed. The other, more difficult, option is to wait for a multilateral framework. Though only soft law, it would be comparable to the IBA guidelines on conflicts of interest in international arbitration – which emphasise best practice.
3. Investment Arbitration Rules
On 1 January 2017 SIAC released the first edition of its IA Rules. This modern set of investment arbitration rules are quite different to the ICSID Rules, as they are a hybrid of commercial and investment arbitration rules. It will be interesting to observe whether a significant number of parties will now settle disputes with SIAC, as opposed to ICSID. In 2017, global arbitration conferences will undoubtedly discuss and evaluate these developments. Beyond 2017, some institutions may follow suit, though most will be proud to highlight that they will remain commercial dispute resolution centres.
4. Third Party Funding
Both Singapore and Hong Kong have reformed laws which previously prohibited third party funding arrangements. On 10 January 2017, the Singapore Parliament passed a bill allowing for third party funding for arbitrations in Singapore. On 11 January 2017, Hong Kong similarly introduced a bill to its Legislative Council (LegCo) with Mr Rimsky Yuen SC moving the second reading of the bill. Developments in both jurisdictions indicate that their respective governments are strong supporters of international arbitration. Litigation funders in both jurisdictions have been gearing up for work over the last year, and this area will continue to be discussed heavily at global arbitration conferences in 2017.
5. Rise in Financial Institution Arbitration
The ICC Commission on Arbitration and ADR published a comprehensive report in November 2016 titled ‘Financial Institutions and International Arbitration’. The Report concluded that many institutions have, in large part, failed to fully embrace international arbitration as a viable dispute resolution method. The report has been discussed in a previous article. The HKIAC was quick to invite the co-chair of the ICC task force on Financial Institutions and International Arbitration to present at an event in December 2016. These developments will lead to institutions targeting a broader set of clients from 2017 onwards. Once financial institutions recognise the commercial benefits associated with international arbitration, they will undoubtedly provide global arbitral institutions with lucrative dispute resolution work.
6. Potential Appeal Mechanism (by consent)
One of the benefits of arbitration over litigation is that it does not allow for appeals. Arbitration has always encouraged finality, to ensure that parties can resolve their disputes swiftly and with certainty. Critics, who tend to discourage resolving disputes via arbitration, may argue that justice cannot truly be achieved without an appeal process. In response to question 14 of the questionnaire that the ICC’s distributed before it published its ‘Financial Institutions and International Arbitration’ report, some institutions expressed an interest in an appeal process subject to two broad conditions: that the consent of all parties is obtained at an early stage, and that certainty is not undermined. While the first of these is achievable, it will be difficult (if not impossible) to achieve certainty if an appeal process is introduced.
7. Sanitising Arbitral Awards
Another perceived advantage of resolving disputes via arbitration is confidentiality, which inevitably comes at the expense of precedent. Precedent not only ensures consistent decisions, but also promotes certainty. The ICC report also found that several financial institutions viewed confidentiality as being less important than precedent, particularly where disputes related to syndicated lending and derivatives. The report also reminds readers that although an arbitration is private, it is not expressly confidential according to the ICC Rules. The UNCITRAL rules are also silent as to confidentiality, but publication is addressed in Art 34.5. Other institutions have strict provisions that deal with confidentiality and publication: Article 42 in the 2013 HKIAC Rules, Article 22 in the 2016 ACICA Rules, and Rule 24.4 of the 2016 SIAC Rules. Interestingly, SIAC has taken an extra step to confirm that the tribunal may issue an order or award for sanctions or costs if a party breaches their confidentiality obligations in Rule 39.4. Also worth noting is that the 2017 SIAC IA Rules have provided greater clarity with respect to publishing of awards in Rule 38. Confidentiality, and more specifically publication, provisions are likely to be reformed in all new international arbitration rules from 2017 onwards. More sanitised awards will also be published by institutions.
8. A Shift to the East
It is no secret that Hong Kong and Singapore have become some of the most frequently used jurisdictions for international arbitration within the last 5 years. This is due to a multitude of reasons, some of which include: both jurisdictions being competent in administering a high volume of cases as well as high-value disputes, strong panels of arbitrators, state-of-the-art facilities, geographic convenience, modern arbitral rules, and most importantly a supportive judiciary and government. In 2016, both experienced sharp growth, and this is likely to continue beyond 2017.
9. Diversity in International Arbitration
Another area which has received little attention is diversity, particularly among arbitrators and with respect to both gender and ethnicity. They key question that needs to be asked is: why is diversity still an issue when there has been a significant increase in the use of international arbitration globally? Other discussions need to focus on the impact this may have on the tribunal’s orders and awards, solutions such as quotas, as well as how current obstacles can be overcome. Arbitral Women is an organisation that was set up to address this gender imbalance, and has almost 1000 members in over 40 countries. The non-profit Arbitrator Intelligence also claims that it will ‘facilitate increased diversity in arbitrator appointments’. For greater discussion on this topic, refer to another post which discusses a recent survey on diversity which was published in January 2017.
10. Appropriate use of: Emergency Arbitration, Summary Dismissal, Expedited Procedure, Joinder and Consolidation
Most institutions are reforming their old rules in order to include these innovative procedures. As each serves a unique purpose, they are not automatically relevant to every dispute. In 2017, global arbitration conferences will likely discuss the most recent provisions such as SIAC’s Early Dismissal of Claims and Defences (Rule 29) and SCC’s Summary Procedure (Article 39). Joinder, consolidation and emergency arbitration have already received a fair amount of attention since around 2013.