Delta Corporation Limited (DLTA.zw) listed on the Zimbabwe Stock Exchange under the Beverages sector has released it’s 2012 abridged results.For more information about Delta Corporation Limited (DLTA.zw) reports, abridged reports, interim earnings results and earnings presentations, visit the Delta Corporation Limited (DLTA.zw) company page on AfricanFinancials.Document: Delta Corporation Limited (DLTA.zw) 2012 abridged results.Company ProfileDelta Corporation Limited manufacturers and markets international and locally-produced beverages in Zimbabwe. It operates in four segments: non-alcoholic beverages, sparkling beverages, lager beers and traditional beers. Brands in its non-alcoholic range are a flavoured maize drink called Shumba Maheu, and a flavoured drinking yoghurt called Supersip Yogurt. The sparkling beverages division operates two bottling plants and one canning plant; bottling and distributing popular cool drink brands sold worldwide by the Coca-Cola Company, a range of drink mixes and an energy drink called Burn. The lager beer division operates two breweries; bottling and distributing international brands such as Castle Lite, Miller’s, Peroni, Redds, Brutal Fruit and Sarita. Delta Corporation Limited has a monopoly in the traditional beer market in Zimbabwe with 14 breweries located across the country; brewing and distributing a well-known sorghum beer brand called Chibuku. Other subsidiaries have interests in transport and logistics, barley and sorghum malting, food processing, packaging, retailing wines and spirits, recycling, tin can production and leadership training. Delta Corporation Limited is listed on the Zimbabwe Stock Exchange
Border Timbers Limited (BRDR.zw) listed on the Zimbabwe Stock Exchange under the Agricultural sector has released it’s 2019 interim results for the third quarter.For more information about Border Timbers Limited (BRDR.zw) reports, abridged reports, interim earnings results and earnings presentations, visit the Border Timbers Limited (BRDR.zw) company page on AfricanFinancials.Document: Border Timbers Limited (BRDR.zw) 2019 interim results for the third quarter.Company ProfileBorder Timbers is a forestry and sawmilling company in Zimbabwe, with a long history in Manicaland. The company operates five forest estates and three sawmills; with the principal products being pine and eucalyptus. Established in 1979, Border Timbers is the amalgamation of three organisations; Border Eastern Forest Estates, Renfee Timbers (Pvt) Limited and Forestry Management Services. The company is a subsidiary of the Rift Valley Corporation, boasting a plantation size of 47 800 hectares. The forest estates are in Sheba, Charter and Tilbury; with a combined annual output of over 160 000 cubic metres, 95% of that is pine. Rough sawn timber is processed at factories in Mutare, and sold directly to the public. The Paulington Factory manufactures products for the veneer, plywood and blockboard market, and the Nyakamete Factory produces doors, shelves and other timber products for export. Border Timbers is listed on the Zimbabwe Stock Exchange
LATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALS Snow patrol: Tom Palmer breaks through Italy’s defence at a snowy Stadio Olimpico in RomeBy Sarah Mockford, Rugby World Features EditorIn a nutshellIt was ‘Chargedown Charlie’ to the rescue again for England. Italy scored two tries in two minutes just before half-time to take a 12-6 lead in Rome; Giovanbattista Venditti touched down in the corner after a ricochet from a kick wrong-footed England’s defence and Tommaso Benvenuti crossed under the posts after intercepting a Ben Foden pass. After the break, Charlie Hodgson charged down an Andrea Masi kick and Owen Farrell’s conversion and two penalties secured a narrow win for England. Break point: Tommaso Benvenuti scoresKey momentTommaso Benvenuti’s try in the final minute of the first half brought the loudest cheer from those who’d managed to brave the snow at the Stadio Olimpico in Rome. Ben Foden threw a risky offload, Benvenuti intercepted and then sprinted clear to score under the posts. It gave Italy a 12-6 lead at half-time – and helped focus English minds.Star man – Owen FarrellSergio Parisse was the official Man of the Match and he is undoubtedly a class player, but England’s young centre yet again produced a performance that belies his years. Farrell is committed in defence and slotted all five of his kicks despite considerable pressure in the second half, even managing a chuckle before one shot, and that composure bodes well for the future. He just needs to get his hands on the ball more.Special mention must also go to the ground staff for clearing the snow (most of it anyway) and making sure the game went ahead.Room for improvementEngland still didn’t create any try-scoring opportunities and need to show more control and precision with ball in hand – they can’t rely on Charlie Hodgson to charge down kicks in every game! Lee Dickson and Ben Morgan both brought more spark to England’s attack when brought on for Ben Youngs and Phil Dowson respectively – and both presented good cases to start against Wales at Twickenham.They showed great composure to get back into the game and the scrum held up well, but their lineout creaked a few times too many. England: Ben Foden; Chris Ashton, Brad Barritt, Owen Farrell, David Strettle; Charlie Hodgson (Jordan Turner-Hall 77), Ben Youngs (Lee Dickson 51); Alex Corbisiero, Dylan Hartley (Rob Webber 75), Dan Cole (Matt Stevens 75), Mouritz Botha, Tom Palmer (Geoff Parling 58), Tom Croft , Chris Robshaw (capt), Phil Dowson (Ben Morgan 51).Try: Hodgson. Con: Farrell. Pens: Farrell 4. NOT FOR FEATURED Kick start: Owen FarrellAs ever, Italy were competitive at the breakdown, but the same-old problems remain: a lack of creativity in the backs. And the decision to take off Kris Burton cost them in the second half as replacement Tobias Botes missed two penalties.In quotes – winnersOwen Farrell: “It was a case of keep doing what we’re doing and don’t chase the game. It was more through our mistakes that their tries had come and we still felt we were on top in the first half. Credit to the boys, we dug in and got the win.Top statsOwen Farrell had a 100% record from the kicking tee but Italy’s kickers fared worse, slotting only 40% of their shots at goal. Kris Burton failed with a conversion and Tobias Botes’s two penalty attempts were badly missed.England made three line breaks compared to one by Italy, but the Azzurri made 373 metres with the ball compared to England’s 224.Chris Robshaw made 17 tackles – more than double any of his team-mates – and didn’t miss one.Match highlightsItaly: Andrea Masi; Giovanbattista Venditti, Tommaso Benvenuti, Gonzalo Canale (Luca Morisi 63), Luke McLean; Kris Burton (Tobias Botes 47), Edoardo Gori (Fabio Semenzato 57); Andrea Lo Cicero, Leonardo Ghiraldini (Tommaso D’Apice 58), Martin Castrogiovanni (Lorenzo Cittadini 33), Quintin Geldenhuys (Antonio Pavanello 57), Marco Bortolami, Alessandro Zanni, Robert Barbieri (Mauro Bergamasco 76), Sergio Parisse (capt).Tries: Venditti, Benvenuti. Con: Burton. Pen: Burton.
Rector Belleville, IL Ecumenical & Interreligious Rector Hopkinsville, KY Episcopal Church releases new prayer book translations into Spanish and French, solicits feedback Episcopal Church Office of Public Affairs New Berrigan Book With Episcopal Roots Cascade Books An Evening with Aliya Cycon Playing the Oud Lancaster, PA (and streaming online) July 3 @ 7 p.m. ET Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET Assistant/Associate Rector Washington, DC Priest Associate or Director of Adult Ministries Greenville, SC Rector/Priest in Charge (PT) Lisbon, ME Tags Episcopal Charities of the Diocese of New York Hires Reverend Kevin W. VanHook, II as Executive Director Episcopal Charities of the Diocese of New York This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 Rector Martinsville, VA Virtual Episcopal Latino Ministry Competency Course Online Course Aug. 9-13 Rector Smithfield, NC Anglican Communion, An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET Curate Diocese of Nebraska Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest Associate Rector Columbus, GA [Anglican Communion News Service] In the name of the Holy Trinity and grateful for the gracious guidance of the Holy Spirit, the Inter-Anglican Standing Commission on Unity, Faith and Order met in Seoul, Republic of Korea 2 to 9 December 2011.In preparation for the forthcoming meeting of the Anglican Consultative Council (ACC-15) in 2012, the Commission devoted its third meeting to consolidating its work in the five areas initially identified as falling within its remit in 2009.These areas of work involve:1. reflecting critically on the Instruments of Communion and the relationships among them. Our discussions continue to develop the potential of these in the wider contexts of Anglican and ecumenical ecclesiological reflection;2. studying the definition and recognition of churches;3. providing a variety of materials to assist in the reception of the Anglican Communion Covenant. The guide which we produced during the past year is being augmented by a short video presentation which will be made available from the Anglican Communion website;4. assisting the Communion in its engagement with the complex processes involved in reception. This includes receiving from one another and embracing the fruits of ecumenical dialogue and of Anglican theological reflection at all levels in the Communion. In our work as a Commission, we have become increasingly and acutely aware of the importance of this task in the life of our churches;5. considering the question of transitivity, that is, the way in which regional ecumenical agreements between churches which are members of different global communions in one geographical area affect or extend to other parts of the Communions;Aware of our mandate to promote the deepening of communion between the churches of the Anglican Communion, we emphasised the importance of being a fully representative group, and we greatly regret that some of our members were not present. We re-affirmed the significance of the Anglican Communion Covenant for strengthening our common life.In accordance with its mandate the Commission also reviewed ecumenical developments within the life of the Anglican Communion. We considered the Jerusalem Report of the Anglican-Lutheran International Commission, ‘To Love and Serve the Lord’, and the report of the Anglican-Old Catholic International Coordinating Council, ‘Belonging together in Europe’. We expressed our support for a new phase of dialogue between the Anglican Communion and the World Communion of Reformed Churches. A draft of guidelines articulating expectations of Anglican participants in ecumenical dialogues was agreed for consideration by the Standing Committee. The Commission also confirmed the need for a continuing working group on ecumenical matters.Bishop Paul Kim and the Anglican Church of Korea welcomed the Commission to Seoul. We were sustained throughout the meeting by sharing in the daily celebration of the Eucharist in the Cathedral, by the Cathedral community’s ministry of prayer, and by the hospitality of the Cathedral’s congregation and the Girls’ Friendly Society. During our visit, in particular through our introduction to the work of Towards Peace in Korea (TOPIK), we were made aware of the wide-ranging activities of the Korean churches in pursuit of social justice and reconciliation in the Korean peninsula, a concern that has been prominent at recent meetings of the ACC. Constructive conversations took place regarding the Anglican Church of Korea’s preparations to receive Anglican participants at the WCC Assembly in 2013. Throughout our time in Korea, we have shared with the Korean Church our common Advent hope.In the course of our meeting, we visited the island of Ganghwa, where we prayed at the site of an early Anglican mission in Korea, the church of Sts Peter and Paul. From the Peace Platform we looked across the sea to North Korea and heard an account of the history of Korean partition and the aspirations for re-unification. We then went on to visit the church of St Andrew and the village of Urimaul, where the Anglican Church of Korea has established a Residential and Day Care Centre for disabled adults. On our return to Seoul, we were welcomed at Sungkonghoe (Anglican) University, by the University’s President, the Revd Dr Jeremiah Yang, himself a member of the Commission.The next meeting will take place in September 2012.Present at the Seoul meetingThe Most Revd Bernard Ntahoturi, Province of the Anglican Church of Burundi, and Chair of the CommissionThe Revd Canon Professor Paul Avis, Church of EnglandThe Revd Sonal Christian, Church of North IndiaThe Revd Canon Dr John Gibaut, World Council of ChurchesThe Rt Revd Dr Howard Gregory, The Church in the Province of the West IndiesThe Revd Professor Katherine Grieb, The Episcopal Church (USA)The Rt Revd Kumara Illangasinghe, Church of Ceylon, Sri LankaThe Revd Canon Clement Janda, Episcopal Church of the SudanThe Rt Revd William Mchombo, Church of the Province of Central AfricaThe Revd Canon Sarah Rowland Jones, Anglican Church of Southern AfricaThe Rt Revd Victoria Matthews, Anglican Church in Aotearoa, New Zealand and PolynesiaThe Revd Canon Dr Charlotte Methuen, Scottish Episcopal Church/Church of EnglandThe Revd Canon Dr Simon Oliver, Church in Wales/Church of EnglandThe Rt Revd Dr Stephen Pickard, Anglican Church of AustraliaDr Andrew Pierce, Irish School of EcumenicsThe Revd Dr Jeremiah Guen Seok Yang, The Anglican Church of KoreaThe Revd Canon Joanna Udal, Archbishop of Canterbury’s Secretary for Anglican Communion AffairsThe Revd Canon Dr Alyson Barnett-Cowan, Director for Unity, Faith and OrderMr Neil Vigers, Anglican Communion Office. Family Ministry Coordinator Baton Rouge, LA Cathedral Dean Boise, ID Inter-Anglican Standing Commission on Unity, Faith and Order Communiqué from Dec. 2-9 meeting in Seoul, Korea Bishop Diocesan Springfield, IL The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group Posted Dec 12, 2011 Course Director Jerusalem, Israel Rector Tampa, FL Submit a Job Listing Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET Rector Bath, NC Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 Associate Priest for Pastoral Care New York, NY TryTank Experimental Lab and York St. John University of England Launch Survey to Study the Impact of Covid-19 on the Episcopal Church TryTank Experimental Lab Associate Rector for Family Ministries Anchorage, AK Featured Events Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET Submit an Event Listing Assistant/Associate Priest Scottsdale, AZ Rector Pittsburgh, PA Rector and Chaplain Eugene, OR Canon for Family Ministry Jackson, MS Featured Jobs & Calls The Church Investment Group Commends the Taskforce on the Theology of Money on its report, The Theology of Money and Investing as Doing Theology Church Investment Group Director of Administration & Finance Atlanta, GA Assistant/Associate Rector Morristown, NJ Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem Rector (FT or PT) Indian River, MI Rector Knoxville, TN Submit a Press Release In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 Youth Minister Lorton, VA Priest-in-Charge Lebanon, OH Rector Collierville, TN Rector Shreveport, LA AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis Missioner for Disaster Resilience Sacramento, CA Director of Music Morristown, NJ Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT Rector Washington, DC Rector Albany, NY Press Release Service Curate (Associate & Priest-in-Charge) Traverse City, MI
Previous articleUp at the topNext articleProject Graduation: Safe Night Odessa American Training ecosystem, teacher strategy in the works Facebook WhatsApp The Permian Strategic Partnership is working to establish a training ecosystem to address industry development needs.Molly Young, director of education and workforce initiatives for PSP, spoke about the initiative at the Education Partnership of the Permian Basin meeting Tuesday at the Region 18 Education Service Center.The gathering was held in person, but also over Zoom.Young said she is a proponent of systems alignment, in this case with kindergarten through 12th grade and postsecondary education.Called the PSP Catalyst Workforce Development initiative, it will be led by the University of Texas at Austin Petroleum Extension at Cockrell School of Engineering and PetroSkills.The initiative will aim to not only define industry benchmarked skills and competencies required in today’s Permian Basin job roles, but also identifies suitable training providers available in the region that can be used to close common competence gaps experienced by those positions, material from the meeting said.A project kick-off meeting is set for 2 p.m. May 26, the information said.University of Texas Permian Basin Dean of the College of Education Larry Daniel said Texas Tech University received a foundation grant. Jesse Mendez, dean of the College of Education at Tech, reached out to the other three university deans, Daniel included and nine community colleges to have a two-day summit.Daniel said the subject will be the teacher shortages throughout the region from Lubbock out to El Paso.“… Probably no part of that community that is adequately served … so we’ve all got more work to do. But the idea is to talk about the need, present their statistics, talk about the good ideas we already have across all these institutions, and then determine how we can coordinate better, how we can build better articulation agreements,” Daniel said.“We have a great example of the OC to UTPB program that’s worked incredibly well in our region …,” he added.Daniel said they want to hear the ideas and probably build an inter-institutional strategy.Education Partnership Executive Director Adrian Vega said the organization is being looked at to become part of Early Matters, an organization that focuses on the importance of early childhood education.The group also got an update on the Grow Our Own Action Network. The purpose of the network is to identify, align and leverage community resources that lead to increased post-secondary success, workforce development and a stronger community.A couple of the data points showed that 75.9 percent of people over the age of 25 completed high school. This is according to Census data. Nationally, it’s 88 percent and in Texas it is 83.7 percent.The percentage of people who have attained an associate and bachelor’s degree combined in Ector County is about 18 percent. In Texas, it is about 27 percent and nationally it’s about 29 percent, a presentation from the meeting showed.Amy Anderson, director of the AVID program for Ector County ISD, said they served about 60 students this year in the middle school mentor coaching program at Bonham Middle School virtually this spring.The effort included 10 community coaches, eight ECISD hosts, five ECISD substitutes, 28 students and six sessions.The last session is Wednesday and a drive-thru celebration is planned for May 26.ECISD Superintendent Scott Muri gave an update on the Permian Basin Education Leadership Summit held May 5 in Midland.The federal government has provided funds for public schools and the meeting was to discuss ideas on how to best spend those funds over the next three years to address learning challenges.“For ECISD alone, we could see $100 million …,” Muri said.A virtual follow-up meeting is set for June 3.A survey sent out to participants said they would like to continue the summits, Muri said.“There is clearly a hunger for more conversations,” he added.Leaders compare notes at summit By Odessa American – May 18, 2021 Pinterest Twitter TAGSAdrian VegaECISDEducation Partnership of the Permian BasinGrow Our Own Action NetworkLarry DanielMolly YoungPermian Strategic PartnershipScott MuriUniversity of Texas Permian Basin WhatsApp Facebook Twitter Pinterest EducationECISDLocal News
Know the LawArbitration Court Reckoner : January 2021 Kanika Singh27 Feb 2021 11:07 PMShare This – xBy way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of January 2021 under the Arbitration & Conciliation Act, 1996. That while as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left out. That also while an attempt is made to include…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginBy way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of January 2021 under the Arbitration & Conciliation Act, 1996. That while as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left out. That also while an attempt is made to include and review some judgments of various other High Courts, the emphasis is essentially on the judgments of the High Court of Delhi and Supreme Court of India. That judgments have been compiled for review with reference to the Section of the Act that they are primarily dealing with and a detailed analysis has been forgone in favour of succinctness. Section 8 Arbitration agreement would not be rendered invalid/un-enforceable even if the substantive contract is not admissible in evidence, or cannot be acted upon on account of non-payment of Stamp Duty – however question referred to Constitution Bench In M/s. N.N. Global Mercantile Pvt. Ltd v M/s. Indo Unique Flame Ltd. & Others, Supreme Court held that that since the arbitration agreement is an independent agreement between the parties, and is not chargeable to payment of stamp duty, the non-payment of stamp duty on the underlying commercial contract, would not invalidate the arbitration clause, or render it un-enforceable, since it has an independent existence of its own and held that the law laid down in SMS Tea Estates Pvt. Ltd. v. M/s. Chandmari Tea Co. Pvt. Ltd. was not the correct law. However, the Court held, that the adjudication of the rights and obligations under the Work Order or the substantive commercial contract would however not proceed before complying with the mandatory provisions of the Stamp Act. The Court referred the findings in paras 22 and 29 of Garware Wall Ropes Limited v. Coastal Marine Constructions and Engineering Limited, which has been affirmed in paragraph 92 of Vidya Drolia & Ors. v. Durga Trading Corporation, to a Constitution Bench of five judges. The Court further laid down how the arbitrator or the court u/s 8 or 11 would impound the substantive contract which is either unstamped or inadequately stamped, and direct the parties to cure the defect before the arbitrator / tribunal can adjudicate upon the contract. In case of a S. 9 application, if the substantive contract is not duly stamped, the Court would grant ad-interim relief to safeguard the subject-matter of the arbitration. However, the substantive contract would then be impounded, and the concerned party be directed to take the necessary steps for payment of the requisite stamp duty in accordance with the provisions of the relevant Stamp Act, within a time-bound period. Section 9 an order under Section 9(1)(ii)(b) is essentially an order in the nature of attachment before judgement and therefore, the principles as applicable under Order XXXVIII Rule 5 of the CPC would guide grant of such relief In Beigh Construction Company P. Ltd. v Vahara Infra Ltd. High Court of Delhi held that where the petitioner essentially seeks an order under Section 9(1)(ii)(b) of the Act to secure the amounts, which it asserts are owed to it, it essentially seeks an order in the nature of attachment before judgement and therefore, the principles as applicable under Order XXXVIII Rule 5 of the CPC would guide the grant of such relief. Thus viewed, it held that the petitioner must satisfy twin conditions , one, must establish a strong prima facie case; and second, prima facie satisfy the court that the defendant is acting in a manner so as to defeat the realisation of the decree that may be passed. The Court refused grant the order S. 9(1)(ii)(b) as it found that the petition did not contain any averments to the effect that the respondent is acting in the manner so as to frustrate an award that may be made by made in favour of the petitioner. Merely because the Section 9 proceedings entails disputed facts does not lead to dismissal of a Section 9 application/petition In Luxe Passion Private Limited v Freedom Roost, High Court of Delhi held that mere fact that S. 9 proceedings entail disputed facts would be no ground to reject the S. 9 petition as in the Section 9 proceedings, there are bound to be disputed facts which are to be adjudicated in arbitration, by the Arbitral Tribunal agreed upon by the parties. The Court, in a Section 9 proceeding, is merely required to consider the grant/non-grant of interim measures claimed, applying the same principles as applicable to disposal of applications under Order XXXIX Rules 1&2 of the Code of Civil Procedure, 1908 (CPC). The Court further held that it is not as if in exercise of powers under Section 9, no mandatory relief can be granted. Incorporation by reference can only be established by material evidencing, unequivocally, intent to so incorporate In SMS Limited v Oil & Natural Gas Limited¸ the High Court of Delhi held that the recital, at the conclusion of the Bank Guarantees, in the case in question, to the effect that guarantees were being furnished by Petitioner to cover the liquidated damages, as per relevant Clauses of the contract, neither result in incorporation, by reference, bodily or otherwise, of the said Clauses in the Bank Guarantees, nor result in the exigencies, contemplated under the said Clauses, becoming conditions of the Bank Guarantees, fulfilment of which is necessary before the Bank Guarantees can be invoked. Any conclusion that the covenants of one contract have been incorporated, by reference, into another, would have to be preceded by material evidencing, unequivocally, intent to so incorporate. Covenants, which are not to be found in contracts, cannot readily be read thereinto, by applying the principle of incorporation by reference. One of the principal considerations which would militate against any such conclusion of incorporation by reference would be where the incorporation results in conflict, or even disharmony, vis-a-vis other covenants in the contract. Court can mould relief u/s 9 In Mohit Saraf v Rajiv K Luthra High Court of Delhi held that it can be stated that this Court may not necessarily consider the prayers in the manner made by the petitioner in this petition but on a finding of prima facie case, irreparable injury and balance of convenience grant, pending adjudication of the disputes in the prospective arbitration proceedings between the petitioner and respondent, such reliefs as deem appropriate. On merits, the Court firstly held that in law there can be no termination of a partner of a partnership firm but only expulsion and that too in good faith of powers stipulated in the partnership deed and prima facie held the termination of the petitioner from partnership firm was firstly not an expulsion/there was no power of expulsion in the deed and secondly not in good faith and thus stayed the email terminating the petitioner from the partnership till the conclusion of the prospective arbitration proceedings a party not intending to refer the dispute to arbitration and opposing appointment of arbitrator u/s 11 would not be entitled to grant of interim relief under Section 9 of the Act In Innovative Facility Solutions Private Limited v AEC Digitial Studio Private Limited and Ors., High Court of Punjab & Haryana held that it can no longer be disputed that a party invoking the jurisdiction of the Court under Section 9 of the Act must have the immediate intention of referring the dispute to arbitration as only then, the interim protection granted would remain proximate to the arbitral proceedings. It further held that a party not intending to refer the dispute to arbitration would not be entitled to grant if interim relief under Section 9 of the Act. On the said principle of law, the Court set aside the order of the Trial Court granting relief u/s 9 to the party who was opposing the appointment of arbitrator u/s 11 but clarified that the party would be at liberty to obtain appropriate interim relief from the arbitrator in case it agrees to refer the dispute to arbitration. Between a Seat of Arbitration clause and a Jurisdiction clause, the former would prevail in case both stipulate for different places/courts In Aniket SA Investments LLC v Janapriya Engineers Syndicate Private Limited and Ors., High Court of Bombay reiterated that A choice of seat is itself an expression of party autonomy and carries with it the effect of conferring exclusive jurisdiction on the Courts of the seat. It thus held that in a case where the contract conferred exclusive jurisdiction on one place and separately provided for a seat of arbitration in another place, the courts at the latter place would have jurisdiction for entertaining a S. 9 petition. Section 11 merely because the Respondent could have further broad based the panel cannot be a ground to hold that the panel of 51 names is not broad based for choosing an arbitrator In Consortium Of Autometers Alliance Ltd. and Canny Elevators Co. LTD. v Chief Electrical Engineer/Planning, Delhi Metro Rail Corporation & Ors. High Court of Delhi held that merely because the Respondent could have further broad based the panel cannot be a ground to hold that the current panel of 51 names is not broad based when it consists of names of 26 retired High Court / District / Additional District Judges and serving / retired officers of the other Public Sector Undertakings and thus upheld the clause providing the petitioner to choose its nominee arbitrator out of the panel maintained/prepared by the Respondent. Venue of meetings of committee constituted to amicably resolve disputes would additionally constitute cause of action to confer jurisdiction at the courts at the said venue In Siddhast Intellectual Property Innovations Pvt Ltd v The Controller General Of Patents Designs Trademarks (CGPDTM), High Court of Delhi held that in the absence of clause specifying seat of arbitration, what would be seen was the fact that the meetings of the committee constituted to amicably resolve the disputes, in terms of Dispute Resolution clause of the Contract, had taken place in Delhi. It held that thus it was clear that part of the Dispute Resolution Clause has been performed in Delhi and thus High Court of Delhi would have jurisdiction to entertain petition for appointment of arbitrator. Limitation of 3 years for filing S. 11 would be from date of order in S. 8 In Jones Lang Lasalle Building Operations Private Limited v Techpark Maintenance Services Private Limited, High Court of Delhi held that in a case where the parties had been referred to arbitration under S. 8 by directing the parties to proceed for arbitration, then in such a case the limitation for filing a S. 11 petition would run from the date of the order referring parties to the arbitration and not the original notice of dispute. Mere commonality/inter twinning of scope of agreements is not enough to maintain composite petition for appointment of arbitrator where procedure for appointment of arbitrator is distinct in the agreements In Tamilnadu Road Sector Project II, Highways Department v IRCON International Ltd. and Ors., High Court of Madras was considering a composite petition for appointment of arbitrator on the plea of work under the 2 agreements being intertwined even though both agreements provided for different arbitration clauses. The Court held that while there is a commonality of purpose in the 2 agreements and the work involved is intrinsically intertwined, but held that the procedure for appointing the arbitrator under the two agreements are totally in variance and cannot be reconciled. The Court thus dismissed the petition as the petitioner has also not followed the procedure contemplated prior to the invocation of the arbitration clause under the respective agreements. only in exceptional cases when prima facie no valid arbitration agreement exists/dispute is not arbitrable can the court refuse to exercise its jurisdiction u/s11 In Smt Manju Gupta & Ors. v Sh. Vilas Gupta & Ors., High Court of Delhi held that qua the existence of the arbitration agreement, as a consideration to be examined by a Court exercising jurisdiction under Section 11(6), the Supreme Court in Vidya Drolia v Durga Trading Corporation has held that it is only where the Court finds that “prima facie no valid arbitration agreement exists”, the Court can refuse to refer the parties to arbitration. The Court held that it is only in exceptional cases when prima facie no valid arbitration agreement exists/dispute is not arbitrable can the court refuse to exercise its jurisdiction u/s11 but ordinarily as held in Vidya Drolia (supra), issues relating to contract formation, existence, validity and non-arbitrability would be factual and disputed and for the arbitral tribunal to decide. no appointment of arbitrator by a party from a panel if the arbitration clause did not provide for appointment from a panel In M/S VSK Technologies Private Limited & Ors. v Delhi Jal Board, High Court of Delhi held that there could be no appointment by a party of an arbitrator from a panel maintained/proposed by it if the arbitration clause did not provide for appointment from a panel. It further held that judgment in Perkins Eastman Architects DPC v. HSCC (India) Ltd must be read in expansive manner as it recognizes the importance of ensuring that Arbitrators not be appointed by persons who are otherwise interested in the matter so as to obviate any doubt as to the impartiality and independence of the Arbitral Tribunal. Residuary power to appoint arbitrator out of a panel, in case the other party fails to choose a name, is hit by judgment in Perkins In C S Electric Ltd. v JOP Power High Court of Delhi was dealing with an arbitration clause which provided that Respondent was to propose a panel of 3 names to the Petitioner for appointment as arbitrator but in case the Petitioner did not choose one name in 30 days, then Petitioner had the right to appoint an arbitrator out of the said 3 names. The High Court held that while the time limit of days was sacrosanct and the Petitioner lost the right to choose one name after the said 30 days but also held that the residuary power in the clause which empowered the Respondent to appoint in case of failure of Petitioner, was in the teeth of the law laid down by the Supreme Court in Perkins Eastman Architects DPC v. HSCC (India) Ltd and TRF Limited v. Energo Engineering Projects Ltd read with Section 12(5) and Schedule VII to the 1996 Act. Section 14 & 15 Order terminating proceedings u/s 32(2) is not an award & S. 34 would not lie against the same and the same can be impugned u/s 14(2) In PCL Suncon v National Highway Authority Of India, High Court of Delhi held that in order for a decision of the Arbitral Tribunal to qualify as an award, the same must finally decide a point at which the parties are at issue. It further held that in cases where the same is dispositive of the entire dispute referred to the Arbitral Tribunal, the said award would be a final award, which would result in termination of the arbitral proceedings. Viewed in the aforesaid context, the Court held, that it is clear that an order, which terminates the arbitral proceedings as the Arbitral Tribunal finds it impossible or unnecessary to continue the arbitral proceedings, would not be an award because it does not answer any issue in dispute in arbitration between the parties; but is an expression of the decision of the Arbitral Tribunal not to proceed with the proceedings. The Court held an order terminating the proceedings under S. 32(2)(c) of the Act can be impugned under S. 14(2) of the Act. Section 31 Award based on surmises or conjectures suffers inadequacy with regard to basis. In R. Rajamohan v Coimbatore Capital Limited, High Court of Madras held Section 31(3) talks about basis on which the impugned award is made and this basis on which an impugned award has been made has three facets which are (a) proper, (b) intelligible and (c) adequate. To put it as grounds, they are a) impropriety; b) unintelligible and c) inadequacy. The Court set aside the award of the Appellate AT as it found that the Appellate AT has proceeded on the basis of surmises or in other words, by going to the realm of conjectures and surmises qua imputing knowledge to a party with no material before it which is clearly inadequacy with regard to basis. Section 32 Objection as to arbitrability is jurisdictional issue and not a subject matter of S. 32(2) In Medisprouts India Pvt Limited v M/S Silver Maple Healthcare, High Court of Delhi held that the question whether the disputes are arbitrable or not is a matter effecting the jurisdiction of the Arbitral Tribunal and the same is not a subject matter of Section 32(2)(c) of the Act and further held that an order dismissing an objection with regards to arbitrability/ non-arbitrability of dispute, though styled as a S. 32(c) application, cannot be assailed by filing a petition u/s 14 of the Act. It held that recourse to S. 14 of the Act is not available to challenge the decision of the Arbitral Tribunal regarding any question of arbitrability/jurisdiction unless the issue relates to the ineligibility of an arbitrator to act, such as in terms of S. 12(5) of the Act. Section 33 S. 29A(4) and (5) would also apply to grant of extension of time, in order to enable an arbitral tribunal to decide an application under S. 33(1)(a) In M/S GPT-RAHEE (JV) v M/S IRCON International Ltd., High Court of Delhi opined by way of obiter, that prima facie S. 29A(4) and (5) would also apply to grant of extension of time, in order to enable an arbitral tribunal to decide an application under S. 33(1)(a), as otherwise, in a case such as the present, the S.33(1)(a) applicant, despite having preferred the application before the learned Arbitrator in time, would be divested of the right to have the application decided. Section 34 Failure by the Arbitrator to decide an issue, which was of such importance as to alter the outcome of the award, would merit interference with the award In EFS Facilities Services (India) Pvt. Ltd. (Formerly Known As Daikia India Pvt. Ltd). v Indeen Bio Power Limited, High Court of Delhi held that the test, regarding the susceptibility of interference with an arbitral award , on the ground that issues canvassed before it were not addressed or decided, is whether prejudice has resulted to the party aggrieved by the failure, on the part of the learned Arbitral Tribunal, to decide the issue. The Court held that aspect of “prejudice”, for its part, is to be decided by examining whether the issue was of such importance that, “had it been decided, the whole balance of the award would have been altered and its effect would have been different”. Award of interest an amount which includes both interest and penal interest at 36% p.a. is a case of patent illegality In R.O. Palanisamy and Ors. v Five Star Business Credits Ltd. and Ors., High Court of Madras was dealing with a challenge to an award where the future interest had been granted at the rate of 24% p.a. not on the principal but on an amount which includes both interest and penal interest at 36% p.a. The Court held that this was clearly in conflict with public policy of India and it is in contravention with the fundamental policy of Indian law and is also a patent illegality. The Court held that there are only two exceptions to this patent illegality ground – One exception is mere erroneous application of law and another is, it should not turn on re-appreciation of evidence. The Court held that case of awarding 24% per annum future interest on a claim which includes interest and penal interest is clearly not a case of mere erroneous application of law and it requires no re-appreciation of evidence. 100% deposit/security of the Awarded amount, or any part thereof is not mandatory in all cases as a pre-condition for having s. 34 heard, need to be seen on case to case basis In SEPCO Electric Power Construction Corporation v Power Mech Projects Ltd, the High Court of Delhi accepted the contention that that deposit/security of the Awarded amount, or any part thereof is not mandatory in all cases and it would need examination on a case by case basis as to what arrangement should be worked out by the Court to secure the Awarded amount. However, in the facts of the case, it upheld the order directing deposit of 100% of the principal awarded amount as the Appellant before it was a foreign entity having negligible assets within the jurisdiction of this Court, or even within the territory of India coupled with the fact that Appellant had not complied with previous directions of deposit, and its overall failure in satisfying the Court of its financial health. Section 36 A xerox copy of an award, though inadequately stamped, cannot possibly be considered an ‘instrument’ liable to be impounded under Section 33 of the Indian Stamp Act In Mohini Electricals Ltd v Delhi Jal Board, High Court of Delhi held that in a case where the initial award, filed before the Hon’ble Court in execution petition was merely a photocopy, the same could not be impounded, though inadequately stamped, in view of the express language employed in Section 2(14) of the Indian Stamp Act, 1899 and the ratio of decisions rendered on this aspect which show that, undoubtedly, a xerox copy of an instrument cannot possibly be considered an ‘instrument’ liable to be impounded under Section 33 of the Indian Stamp Act. Article 226 Power under Article 226/227 needs to be exercised in exceptional rarity to interfere with arbitral proceedings case only in 2 cases, wherein one party is left remediless under the statute or a clear ‘bad faith’ shown by one of the parties In Bhaven Construction Through Authorised Signatory Premjibhai K. Shah V Executive Engineer Sardar Sarovar Narmada Nigam Ltd.& Anr., the Supreme Court held that while a legislative enactment cannot curtail a Constitutional right and thus remedy under Article 226 & 227 would still be available despite the mandate of S. 5 of the Act but held that it is prudent for a Judge to not exercise discretion to allow judicial interference beyond the procedure established under the enactment. The Court held that power under Article 226/227 needs to be exercised in exceptional rarity, wherein one party is left remediless under the statute or a clear ‘bad faith’ shown by one of the parties and held that this high standard set by this Court is in terms of the legislative intention to make the arbitration fair and efficient. Viewed in this perspective, the Court did not find either of the two exceptional circumstances existing in the case at hand and set aside the order of the High Court where the High Court had exercised jurisdiction under 226 to set aside the order of the Arbitrator passed u/s 16 of the Act. (Kanika Singh is a Delhi-based advocate. She may be contact at [email protected]) SLP (Civil) Nos.13132-13133 of 2020 decided on 11th January 2021  (2011) 14 SCC 66  (2019) 9 SCC 209  C.A. No. 2402 / 2019 decided on 14.12.2020  OMP(I)(COMM) 372/2020 decided on7th January 2021  FAO(OS) (COMM) 183/2020 decided on 12th January 2021  OMP(I) (COMM) 428/2020 decided on 12th January 2020  O.M.P. (I) (COMM) 339/2020 decided on 18th January 2021 – appeal against the said judgment is pending  FAO No. 2917 of 2020 (O&M) decided on 19th January 2021  Commercial Appeal No. 504 of 2019 decided on 29th January 2021  Arb P. 420/2020 decided on 8th January 2020  Arb P. 45/2021 decided on 11th January 2020  Arb P. 629/2020 decided on 14th January 2020  O.P. 34/2020 decided on 19th January 2021  Arb P. 331/2020 decided on 22nd January 2020  2020 SCC OnLine SC 1018  Arb P. 2/2021 decided on 28thJanuary 2021  2019 SCC Online SC 1517  Arb P. 86/2021 decided on 29th January 2021  (2017) 8 SCC 377  O.M.P. (T) (COMM.) 80/2020 decided on 12th January 2021  O.P. No. 605 of 2016 decided on 20th January 2021  O.M.P. (T) (COMM.) 88/2020 decided on 8th January 2021  OMP (MISC) (COMM) 7/2021 decided on 7th January 2021  OMP(COMM) 440/2020 decided on 4th January 2021  O.P. Nos. 241, 252 of 2017 decided on 5th January 2021  FAO(OS) (COMM) 59/2020 decided on 11th January 2021  OMP (ENF.) (COMM.) 2/2020 decided on 22nd January 2021 Next Story
SSE Airtricity has presented over €105,000 to 11 community groups close to its Meentycat Wind Farm in Co. Donegal.The company presented €52,249 to local groups, topping-up the €80,000 raised by community members from this year’s Sponsored Walk at Meentycat Wind Farm as well as an additional €53,000 awarded for 11 local projects through its Community Fund.A large number of this year’s Community Fund recipients are putting the funding towards improving their energy efficiency measures, which SSE Airtricity strongly supports.Letterkenny Rugby Club and St. Ninians’s Convoy Parish Church will improve the insulation of their buildings, while Raphoe Congregational Church, Illistrin Football Club and Sean MacCumhaill CLG will upgrade the lighting for their premises. Twin Towns Boxing Club will upgrade their electric showers in the club. Gairmscoil Chu Uladh will upgrade their heating system for the school. CLG Ghleann Fhinne will undertake roof repairs and insulation for the clubhouse. Cappry Rovers will improve their astro turf facilities at the club. Elsewhere the Green Residents Group and Green Residents Admiran Group have received funding towards landscaping in their area. Publicans in Republic watching closely as North reopens further Pinterest Facebook By News Highland – December 10, 2019 Pinterest Facebook Arranmore progress and potential flagged as population grows Important message for people attending LUH’s INR clinic Previous articleFake letter purporting to be from SDLP leader doing roundsNext articleFears Three School Campus project could be compromised News Highland WhatsApp WhatsApp Twitter SSE Airtricity presents over €105,000 to 11 groups in Donegal RELATED ARTICLESMORE FROM AUTHOR Google+ News Google+ Renewed calls for full-time Garda in Kilmacrennan Twitter Community Enhancement Programme open for applications Loganair’s new Derry – Liverpool air service takes off from CODA
ABC News(MIAMI) — The woman who pleaded guilty to kidnapping a baby from a Florida hospital hours after she was born was sentenced Friday to 18 years in prison.Gloria Williams posed as a nurse and stole Kamiyah Mobley from a Jacksonville hospital in July 1998 before giving the child a different name, Alexis Manigo, and raising her as her own in South Carolina. Williams, who was arrested in 2017, entered guilty pleas to charges of felony kidnapping and interference earlier this year as part of a plea deal with prosecutors.At Friday’s sentencing, Williams, 52, was given credit for her 511 days of time served. After the sentencing was announced, Mobley’s birth mother left the courtroom with a smile on her face.Last month in court Williams apologized to Mobley’s birth parents.“I know I wronged you and I’m so sorry,” Williams said. “So many days … I wanted to pick that child up and say, ‘Let’s get in this car and go’ — I just couldn’t.”Copyright © 2018, ABC Radio. All rights reserved.
by James C. Price on August 5, 2019 in Emerging Leaders, Leadership and Management, Teamwork and CommunicationLeadership styles vary from one person to the next, but one character trait that is steadily becoming essential in the modern workplace is empathy. It’s the age-old saying of putting oneself in others’ shoes to fully understand and experience their feelings. It’s the importance of taking into consideration how your actions or inaction affect those around you. And in organizations, it’s the key to building a strong culture and retaining employees.According to the 2019 State of Workplace Empathy study by BusinessSolver, 93% of employees reported they would stay with an empathetic employer; moreover, 82% of employees would leave their position to work for a more empathetic organization. In a tight labor market, empathy can be the outlier that gives organizations a competitive advantage.The study also found that 72% of CEOs believe the state of empathy needs to evolve, yet 58% struggle with consistently exhibiting the trait. So, the desire is there, but the execution needs work.Leader Empathy – Vicarious IntrospectionIn psychology, empathy is defined as vicarious introspection, which can build a tighter bond between two parties. Yet with so many different types of communication styles, personalities, and levels of extroversion and introversion, it’s no wonder 58% of leaders struggle with empathy.However, there may be a solution to understanding others better. From Myers-Briggs to DiSC to Enneagram, there are several different types of personality tests to help teammates understand one another and strengthen their ability to connect. While helping people gain a stronger sense of self-awareness, we also gain insight on how, when, and where to connect with others.For those who want to dig deeper into being a more empathetic leader, they can do this by embracing open communication with their teams and allowing focused, face-to-face conversations with employees. Sometimes the only way to fully understand the wants, needs, and emotions of others is to open up and be vulnerable. When a person is honest about themselves, it creates an open space for others to do the same.Company Empathy – The Strength of BenefitsAs people are the heart of empathy, it can be more difficult for organizations to exhibit empathetic characteristics than it is for one-on-one relationships. A leader can have the ability of vicarious introspection, but how can an organization exhibit the same trait? Empathy can be achieved on both levels. Understanding what employees want and need can be shown by organizations through the way they treat employees to the benefits they offer.According to the 2019 State of Workplace Empathy study, employees cited health, scheduling, and financial benefits as signs of more empathetic employers. For employees, 95% say family/work-life balance benefits, including daycare assistance and flexible work hours, are empathetic, while 94% believe paternity leave is empathetic. Whereas, 93% cite companies that offer extended bereavement leave are empathetic.For the empathetic company, offering benefits isn’t merely a perk to help recruit top talent or the bare minimum to retain employees. Modern organizations understand that offering these types of benefits is necessary to create a deeper connection with their staff members. And, 78% of employees who feel connected and understood by their empathetic employer say they would work longer hours, being more productive than other organizations.Culture of Inclusion and DiversityAnother way leaders and organizations show empathy to employees is by having a culture that embraces inclusion and diversity. Leaders come from all different backgrounds, ethnicity, and cultures, so it only seems fit to have a diverse leadership team. These types of teams tend to exude more connections with their employees. And, leadership tends to agree. According to the study, 90% of HR professionals and CEOs agree that companies are more empathetic with diversity in leadership. With a more diverse leadership, comes more paradigms and prospective, helping organizations connect with all types of employees.Inclusion and diversity aren’t just important in leadership to show empathy, but leaders must embrace these actions organizationally. Creating a culture where employees feel included empowers team members to treat others around them with the same type of compassion. It starts with the top and filters through every facet of an organization.The Power of EmpathyEmbracing open communication and a drive to connect with others is the first step in becoming an empathetic leader and creating an organization that follows suit. The change doesn’t happen overnight, but through practice and patience, empathy can create ripple effects that will create a lasting impression on an organization as a whole. Of the five characteristics of emotional intelligence, empathy is the trait that changes the way a leader connects with others. By understanding you and your organization’s impact on your employees, you will be better fit to strategically plan, get employee buy-in, and lead a team that is empowered to be their best. All you have to do is put on someone else’s shoes.How have you embraced empathy? What does your organization do to be more empathetic with employees? Let us know in the comments section below! FacebookTwitterCopy LinkEmail
John Bredin Dear Editor:Kudos to Sean Parker and Chamath Palihapitiya, two social media bigwigs who just blew the whistle on how their industry is destroying society. They ought to be short-listed for the 2018 Nobel Peace Prize.So, as it turns out, it really is both unhealthy and bizarre that a large percentage of our population now drifts through the day in a computerized trance, like electronic sheep tethered to their devices—counting dopamine-inducing “likes” for a cheap high (a new kind of drug-addict)—while ignoring the awe, wonder, and beauty of actual life; which includes conversations with, um, actual people….remember them?Having taught English at both the high school and college levels since 1997, I’ve had a front row seat for the great “erosion of conversation” in America. If I had a dollar for every student I reminded to turn off their Smartphone in class, to better engage in the joy of real conversation, I’d be a rich man today, worth more than my measly teacher salary ever paid me.Not only do poor conversational skills lead to an increase in personal boredom, social isolation, and a sense of alienation or atomization that destroys community (David Brooks has been excellent on this lately), it also paves the way for tyranny. Makes sense, right? If citizens can’t discuss political problems in a calm and rational manner, and without demonizing the other as “Trumpian” or “Liberal,” how can we explore solutions to these problems?Also crucial is the fascinating link between conversation and thinking. Socrates was onto this with his “dialogic method,” but the modern field of cognitive psychology went even further. Created by scholars like Frank Smith (a fierce critic of our testing-obsessed education system) and Jerome Bruner, who discovered that human beings think best in terms of stories, the work of cognitive psychologists needs to be paid more attention to.First, though, we need to shift education away from its current, shallow marketing orientation—of producing better technocrats for the global economy—to one that nurtures more humane, thoughtful, peace-loving citizens. As a first step in this direction, the link between education and democracy (which nobody talks about these days but which seemed obvious to Thomas Jefferson and John Dewey) ought to be known more broadly by the general public.To help this process along, my wife and I created a nonprofit TV show, “Public Voice Salon,” that cares less about pundits and celebrities than artists and thinkers whose ideas could change the world. This year we featured the anti-nuclear activist Alice Slater, who seeks to abolish all nuclear weapons, and Nel Noddings, a philosopher known for her pioneering “theory of care” in education.It might also be time to gather together, in cafes and bookstores and civic spaces, and even in our homes—shutting off our smart (dumb?) phones—to practice the sacred, ancient, democracy-saving art of conversation. Reactions to this letter are welcome at [email protected]