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International Conference on Maritime Dispute Resolution; Gujarat Maritime University

Posted on July 23, 2021

In Association with:

Gujarat International Maritime Arbitration Centre (GIMAC)
Gujarat Maritime Board (GMB)
Centre for Public International Law, Gujarat National Law University (GNLU)

Gujarat Maritime University

Gujarat Maritime University, is a bespoke institution for the advancement of Maritime education and research in India. The prime objective of the University is to be a global centre of excellence in maritime education, research, and training. It aims to enhance and increase the human capital and capacity of the maritime industry both in India and across the globe.

The University began its academic journey in the year 2019 and has established two schools so far namely, School of Maritime Law, Policy and Administration, and School of Maritime Management. Moreover, various centres including the Centre for Executive Education, Centre for Maritime Dispute Resolution, Centre for Maritime Legal Studies, Centre for Maritime Labour Law, Centre for Maritime Environmental Law and the Centre for Post-Graduate Legal studies have also been established. The University offers Diploma Programmes in law with specialisations in Maritime Law and International Trade Law. The University also offers short term Executive Developments Programmes specially designed for working professionals.

International Conference on Maritime Dispute Resolution

Centre for Maritime Dispute Resolution, Gujarat Maritime University takes immense pride in announcing its First Annual International Conference on Maritime Dispute Resolution. The Conference intends to act as an intellectual and productive knowledge-sharing space for all academia, researchers, students, industrialists, and enthusiasts of Maritime Law.

About the Conference

Ships are the largest man-made moving objects on the the earth. About 90% of the goods are moved using these ships. The largest moving objects, carrying almost all kinds of cargo and undertaking dangerous voyages, ships are capable of causing huge damages, financial losses, and breaching laws nationally and internationally. Under most systems of law, the person amenable to a dispute arising out of a ship is the owner and demise-charterer, which is usually a company. The company may have been incorporated in any part of the world and having tangible assets other than the ship, which might be mortgaged. Hence, it makes adjudication of maritime legal disputes by litigation a complicated process. Further, Arbitration is also now a usual mechanism resorted to resolve maritime disputes and is being seen as more effective and expeditious than litigation but remains dominated only by few nations and comes with its limitations. Therefore, Gujarat Maritime University strives to bring to light various intricacies of Maritime Dispute Resolution through the International Conference on Maritime Dispute Resolution by providing a platform to researchers, scholars, academicians, professionals, and students to showcase their research.

Themes:

Gujarat Maritime University invites researchers, scholars, academicians, professionals, and students to present their research on the following themes:

The Settlement of Disputes under United Nations Law of the Sea Convention, 1982
State’s Obligations to settle Disputes Peacefully
Compulsory Dispute Resolution Procedures and Binding Decisions
ITLOS – Contentious, Non-Contentious, and Advisory Opinion
ICJ as a Dispute Settlement Forum for Maritime Disputes
Arbitration and Special Arbitration
Disputes pertaining to Delimitation, Navigation, Marine Environment, Prompt Release, Fisheries, etc.
Any other allied area related to the theme of the session.
Admiralty Jurisdiction
Subject Matter Admiralty Jurisdiction
Exercise of Maritime Jurisdiction
Admiralty Jurisdiction in rem and in Personam
Ship Arrest and Lein
Any other allied area related to the theme of the session
Maritime Claims
1. Procedure in an Admiralty Claim in Rem
1. Ownership, Possession, Sale, Mortgage, Charge, and Maritime Lien
1. Wages and Service Disputes of Seafarers
1. Collision Claims
1. Pollution Claims
1. Limitation Claims
1. Order of Priority
1. Protection of Owner, Charterer, Manager, Operator, and Crew of Arrested Vessel
1. Any other allied area related to the theme of the session
Maritime Arbitration
Wet and Dry Shipping Dispute
Preferred Seat for Maritime Arbitration
Lex Maritima in the Changing World (with a reference to the influence of Jus Commune in Arbitration Law and Conflict of Laws)
Role of National Courts in Maritime Arbitration
Contemporary Challenges faced by the International Chamber of Commerce (ICC) and the Comité Maritime International (CMI)
Any other allied area related to the theme of the session
Future of Dispute Resolution
Online Dispute Resolution ODR; e-ADR; Virtual and e-Courts as per by NITI Aayog, 2020 initiative and its relevance in Maritime Dispute Resolution
SAROD-Ports (Society for Affordable Redressal of Disputes – Ports, 2020)
Growing Infrastructure Investment Dispute and the Need for Bespoke Dispute Resolution Mechanism
Oceans, Climate Change and the Rights-Based Disputes
Any other allied area related to the theme of the session

Awards:

There will be one award for the best paper under each theme carrying a cash prize of INR 10,000/- and a certificate of appreciation. In case there are more than 10 papers recieved under a particular theme, a second prize shall be declared for that theme. The second prize will be carrying a cash prize of INR 5000/- and a certificate of appreciation.

Criteria for awarding best paper:

Originality

Originality of contribution to knowledge with an emphasis on the paper’s innovativeness in one or more of;

theoretical development,
results and findings or,
policy development
Quality of Argument

Quality of argument incorporating; critical analysis of concepts and consistency and coherency of debate.

Positioning

Clear positioning of paper in existing literature with a conclusion(s) that is both convincing and of significant potential.

Writing Style

Quality of writing style in terms of accuracy, clarity, readability, and organisation of the paper.

Registration fees:

There shall be no registration fees.

Who can attend:

The conference is open to academicians, students, practitioners, personnel working within the maritime sector, stakeholders of the sector, and anyone interested in the subject area.

Certification:

All the presenters and participants will be provided with certificates of participation.

Tentative Dates for the Conference: 29^th and 30^th October 2021

Call for Abstracts: 15^th July 2021

Last date for Abstract submission: 31^st August 2021

Confirmation of Acceptance: 10^th September 2021

Last date of registration: 15^th October 2021

Submission of full paper: 10^th October 2021

Submission of PowerPoint presentation (optional): 25^th October 2021

Submission Guidelines:

Word Limit for Abstract submission: 150-200 words.
Abstract to be submitted via Google Form on the following link (Please note- The abstract should be attached in word file format):

https://forms.gle/vEbiyMAKajndTrFc6

During the submission of the abstract, the abstract should be saved by the name of the participant, Theme No. and Sub-theme. For example, ‘Harsha Dave Theme III A’Word limit for Paper: 2000-5000 words
The Paper shall have an introduction, main body, and conclusion.
The cover page of the research paper shall consist of the following:
Title of the Research paper,
Theme,
Sub-theme,
Details of the author: Name, Designation, Mobile No., Email ID, Postal Address.
The referencing style shall be Bluebook 20^th Edition.
Formatting shall be as follows
Font: Times New Roman
Line Spacing: 1.5
Border: 1′ all sides
Title (Cover page) : 16 font-size
Sub titles, Theme and Sub theme (Cover page) : 14 font-size
Text (Main content) : 12 font-size
Footnote : 10 font-size
Heading 1: 16 font-size (first letter of the word in Uppercase)
Heading 2: 14 font-size (first letter of the word in capital)
Headings 3: 12 font-size (Italics)
Co-authorship is allowed up to two authors only.
Formatting and grammatical errors may lead to the disqualification of the paper outrightly.
All the papers shall be subject to the similarity index test.

Registration link:

https://forms.gle/BC2ctzPeFZ2Sbqof6

Conference Patron: Prof. (Dr.) S. Shanthakumar, Director(I/C), Gujarat Maritime University & Director, Gujarat National Law University.
Conference Convenor: Mr. Waseem Ahmad Bhat, Assistant Professor, Gujarat Maritime University.
Conference Co-convenor: Ms. Vishwa Bhatt, Teaching and Research Associate, Gujarat Maritime University

How to Apply?

For any query, please feel free to contact the organizing committee: cmdr@gmu.edu.in or call us +917923270517 (all working days 9 AM – 5 PM).

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Call for Blogs by CLEB, DNLU Jabalpur: Submit by Aug 15

Posted on July 23, 2021

The growth of science and technology has witnessed various levels of impact including the impact on the human body, impact on the human environment and the impact on the human society. One major breakthrough in science and technology in the past century can be attributed to the developments which took place in medical science and the related technologies. As the years pass, medical science, pharmaceuticals and allied technologies will continue to improve. Today, people are living longer and fewer diseases are deemed incurable. Saving millions of lives around the world, preventing the spread of diseases, allowing for more accurate diagnosis and enabling better patient care are just some of the contributions made by the advancements in medical science and related technologies.

It is true that advances in biomedical science can have a major impact on the wellbeing of society, but, at the same time it is not free from legal, ethical and human rights concerns. Presently, populations, governments and healthcare systems across the world are facing an unprecedented situation, in the form of a pandemic that has stretched healthcare resources and personnel to its maximum possible limit. With the outbreak of COVID-19, the entire globe is witnessing a wide range of ethical and legal questions which have a direct impact on the medical science, pharmaceuticals and allied technologies. This is one simple example which throws light to the significance of law and ethics in medicine and biomedical research and the enormous impact it can create on the populations as a whole. Therefore, in these extraordinary times, we are reminded of our common humanity and the need to work together as a global community, and be prepared to face global health emergencies like this in the future.

NEED FOR THE CENTRE FOR LAW, ETHICS & BIOMEDICINE

Ethical aspects of biomedicine (where human beings are directly involved), referred to as bioethics, is a new and increasingly developing interdisciplinary field where the ethical, legal and social implications of biomedicine is to be discussed and studied with seriousness. The Centre aims to bring multidisciplinary perspectives to bear on the legal and ethical issues of the day arising out of the biomedical research and practice.

PURPOSE & OBJECTIVE

The Centre proposes to take up research projects to explore the ethical and legal aspects related to, but not limited to:

Human organ and tissue transplantation.
Assisted reproduction.
End-of-life issues and advanced directives.
Human genome studies and genetic engineering.
Stem cell research and other regenerative medicines.
Human reproductive cloning, and so on.

The Centre proposes to work collaboratively with legal academia, the key stakeholders in the healthcare sector and biomedical science and the policy makers.

VISION & MISSION

The focal area of the proposed Research Centre are the areas where biomedical research and practice intersects with the law and ethics. Advances in medical research, reproductive science, genetic research, etc. give rise to ethical and legal issues that are well known. The Centre proposes to be a platform for learning, teaching and research relating to ethical and legal aspects of healthcare and biomedical practices.

PROPOSED ACTIVITIES OF THE CENTRE

The Centre proposes to conduct its activities to cover the following academic responsibilities:

Initiate research projects in areas where biomedicine, law and ethics intersects.
Foster collaborative links across institutions and fields related to biomedicine and biomedical research.
Learning the existing legislative and policy frameworks in the field of biomedicine and to suggest modifications at the policy drafting level.
Dissemination of the information and knowledge to the stakeholders. The centre will try to translate the research expertise and experience into valuable contributions to the medical, ethical and legal dialogue on an interpersonal, institutional, and societal level.
The Centre’s mission is to support the healthcare policymakers in decision-making and of advancing scholarship around the legal issues pertaining to the biomedical practice and research.
Organize training programmes for the stakeholders.
Respond to the needs of people by structuring legal framework and by analyzing impact of the new policies which will have an impact on human health.
Organize conferences, seminars, workshops, lectures and other similar activities on the ethical and legal issues pertaining to the application of biomedicine.
Publish journal, papers, and initiate other academic writings, as well as supporting other means of dissemination of scholarly publications.

CENTRE DIRECTOR : Dr. Veena Roshan Jose (Assistant Professor), DNLU Jabalpur

Email : veenaroshan@mpdnlu.ac.in

Phone : +91 9846673785

ADDRESS FOR COMMUNICATION : Centre for Law, Ethics and Biomedicine (CLEB), BRBRAIIT, Ridge Road, South Civil Lines, Jabalpur, M.P. Pin- 482001

Email : cleb@mpdnlu.ac.in

BACKGROUND

NEED FOR THE CENTRE FOR LAW, ETHICS & BIOMEDICINE

PURPOSE & OBJECTIVE

The Centre proposes to take up research projects to explore the ethical and legal aspects related to, but not limited to:

Human organ and tissue transplantation.
Assisted reproduction.
End-of-life issues and advanced directives.
Human genome studies and genetic engineering.
Stem cell research and other regenerative medicines.
Human reproductive cloning, and so on.

The Centre proposes to work collaboratively with legal academia, the key stakeholders in the healthcare sector and biomedical science and the policy makers.

VISION & MISSION

PROPOSED ACTIVITIES OF THE CENTRE

The Centre proposes to conduct its activities to cover the following academic responsibilities:

Initiate research projects in areas where biomedicine, law and ethics intersects.
Foster collaborative links across institutions and fields related to biomedicine and biomedical research.
Learning the existing legislative and policy frameworks in the field of biomedicine and to suggest modifications at the policy drafting level.
Dissemination of the information and knowledge to the stakeholders. The centre will try to translate the research expertise and experience into valuable contributions to the medical, ethical and legal dialogue on an interpersonal, institutional, and societal level.
The Centre’s mission is to support the healthcare policymakers in decision-making and of advancing scholarship around the legal issues pertaining to the biomedical practice and research.
Organize training programmes for the stakeholders.
Respond to the needs of people by structuring legal framework and by analyzing impact of the new policies which will have an impact on human health.
Organize conferences, seminars, workshops, lectures and other similar activities on the ethical and legal issues pertaining to the application of biomedicine.
Publish journal, papers, and initiate other academic writings, as well as supporting other means of dissemination of scholarly publications.

CENTRE DIRECTOR : Dr. Veena Roshan Jose (Assistant Professor), DNLU Jabalpur

Email : veenaroshan@mpdnlu.ac.in

Phone : +91 9846673785

ADDRESS FOR COMMUNICATION: Centre for Law, Ethics and Biomedicine (CLEB), BRBRAIIT, Ridge Road, South Civil

Lines, Jabalpur, M.P. Pin- 482001

How to Apply?

Email : cleb@mpdnlu.ac.in

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Lalita Kumari v. Govt. of U.P.

Posted on July 23, 2021

Case Number

Writ Petition (Criminal) No. 68 of 2008 with S. L. P. (Cri.) Nos. 5986 of 2006 and 5200 of 2009 with Criminal Appeal Nos. 1410 of 2011 and 1267 of 2007 and Contempt Petition (C) No. D26722 of 2008

Equivalent Citation

2013(13) SCALE 559

Bench

P Sathasivam, B.S. Chauhan, Ranjana Prakash Desai, Ranjan Gogoi, S.A. Bobde

Author of the Judgment

P. Sathasivam, CJI.

Decided On

12 November 2013

Relevant Section

Section 154 of Code of Criminal Procedure, 1973

Brief Facts

In 2008, Lalita Kumari, a minor girl, was kidnapped. Her father submitted a written report to the Officer In-charge of the concerned police station but he did not register the F.I.R. Later, he moved to the Superintendent of the Police, F.I.R. was lodged but still, no action was taken upon it. Neither the girl was rescued nor the accused was apprehended. Hence, a writ petition of Habeas Corpus was filed in the Supreme Court under Article-32 of the Constitution.

The Contention Raised by the Petitioner

It was contended that It is imperative for the Officer In-charge of the police station on receiving information that discloses a cognizable offence, to register a case under section 154, CrPC.

The Contention Raised by the Respondent

It was contended that discretion lies with the police to do a preliminary inquiry to check the veracity of the case or the accusations laid down, before registering the case under section 154, CrPC.

Procedural History

14 July 2008, Supreme Court observations and the direction given

The Supreme Court observed that it is has been seen over the years that police authorities do not register F.I.R.s until they are directed by Chief Judicial Magistrate or High Court or the Supreme Court itself and even if they do, they take no further action on it. As a result, if the Judiciary passes any harsh orders, the police become hostile towards them. They also pointed out that there was bias when it came to the registration of F.I.R.s and further investigation as if the complainant is influential and belongs to a high profile background, the process moves with jet speed.

The Supreme Court gave directions and asked Governments of all States and Union Territories besides their Director Generals of Police/Commissioners of Police as the case may be to show cause as to why those directions not be put to application. The direction was as follows: –

If steps are not taken to register F.I.R.s immediately and to hand over copies of such F.I.R.s to the complainant, then they have the option to move to the concerned Magistrates to issue necessary directions to register the F.I.R. immediately or take steps like apprehending the accused etc. failing which contempt proceeding will be initiated against such delinquent police officers.

Surprisingly, responses were received only from two States of Uttar Prades and Arunachal Pradesh.

Issue before the Court

Whether a police officer is bound to file an F.I.R. on receiving information related to the commission of a cognizable offence under section-154 of CrPC,1973, or does he have the power to conduct a preliminary inquiry to test the veracity of such information before registering the same.

Ratio of the Case

Author of the judgment- P. Sathasivam, CJI.

The Supreme Cort made the following observations: –

Kinds of F.I.R. under the Code both of them being obligatory.

The duly signed F.I.R. u/s 154(1) on the information given by the informant to the concerned police officer.
F.I.R. registered by the police itself based on the information received other than that from the informant u/s 157(1). This information also has to be properly recorded, duly signed and a copy sent to the Magistrate.

Advantages of registration of F.I.R. being obligatory: –

Facilitates swift investigation and sometimes prevents further crime too.
F.I.R. is the first step to “access to justice” for the victim.
Upholds the Rule of Law as an ordinary person brings a commission of cognizable offence to the knowledge of the State.
Results in less manipulation as there won’t be deliberately delayed F.I.R.s or ante-dates F.I.R.

Relation between F.I.R. and arrest: –

It is not necessary that just because an F.I.R. is registered u/s 154, CrPC that the arrest will be made u/s 42, CrPC immediately. These two are entirely different concepts and are in no way irreversibly linked. This can also be seen in section 151, CrPC under which police can arrest a person even before he has committed any cognizable offence. This is what you know as a preventive arrest. And as far as arbitrary arrest goes, a police officer can be tried and punished u/s 166 if he misuses his powers of arrest.

Decision of the Court

The Supreme Court held the following: –

If the information discloses cognizable offence, Registration of F.I.R. is mandatory u/s 154, CrPC and no preliminary inquiry is permissible in such a case.

A preliminary inquiry may be conducted in cases where the information does not disclose any cognizable offence but necessitates the need for such inquiry to ascertain whether a cognizable offence is disclosed or not.

If such an inquiry: –

Discloses the commission of a cognizable offence, then F.I.R. is to be registered.
Ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant immediately and not later than one week, also reasons must be given in brief for closing the complaint.

If any police officer does not register F.I.R. when a cognizable offence is disclosed then action must be taken against such officers.

The scope or purpose of preliminary inquiry is not to check the veracity of the information received but to ascertain whether the information reveals any cognizable offence.

In what cases a preliminary inquiry could be conducted depends on the facts and circumstances of the case. The Supreme Court listed such cases, calling the list merely illustrative and non-exhaustive.

Matrimonial/family disputes
Commercial offences
Medical negligence cases
Corruption cases
Cases where there is an abnormal delay in initiating criminal prosecution

Also laid down that such preliminary inquiry should be made time-bound and not exceed 7 days (Modified in March 2013 to 15 days in general cases and in exceptional circumstances, after giving adequate reasons – 6 weeks). Also, the fact of delay and the causes of it shall be mentioned in the General Diary entry.

Another direction was issued that all information regarding a cognizable offence- whether it was registered or decision to make an inquiry, mandatorily be recorded in the General Diary/Station Diary/Daily Diary.

The above directions were given and the matter was asked to be listed before the appropriate Bench to be disposed off on the merits of it.

This case analysis is done by Munmun Kaur, a Law student at Law Centre-I, Faculty of Law, Delhi University.

Duties of an Agent under The Indian Contract Act

Posted on July 23, 2021

What is an Agency?

A contract of agency is the establishment of a legal relationship between two persons in which the principal employs the agent to act on his behalf. In such a contract, the principal is bound by the acts of the agent in a way similar to the way he would be bound by acts he has done himself.

The 2 parties to such a contract of Agency are the “Principal” and the “Agent”

According to Section 182,

Principal: The principal is the employer, that is the party who employs the agent.

Agent: The agent is the person who has so been employed by a person, that is the agent to act on his behalf in dealings with a third person.

The Duties of an Agent

An agent to a contract of Agency is bound by some duties that he is supposed to perform. These are as follows:

Duty not to delegate

An agent who has been appointed to act on behalf of the principal has a duty to not delegate his authority. This has been stated in the maxim delegatus non potest delegare which means that a person to whom power has been delegated, cannot further delegate his power to someone else. This means that an agent cannot appoint a sub-agent to act on his behalf.

According to Section 190, an agent cannot lawfully appoint a sub-agent to perform tasks for which he has been employed by the principal. There are however exceptions to this provision. These are contained in the same provision. A sub-agent may be appointed by an agent in the following cases:

It is the ordinary custom of trade to appoint a sub-agent.
The nature of the task requires the appointment of a sub-agent.
When the principal has agreed, expressly or impliedly to the appointment of a sub-agent.

Who is a Sub-Agent?

As the name suggests, a sub-agent is an agent sub-ordinate to the Agent originally appointed by the Principal. According to Section 191, a Sub-agent is a person who acts under and has been employed by the original agent of the contract of agency.

Duty in conducting the Principal’s business

It is the duty of the agent to carry out the tasks for which he has been appointed by the principal.

According to Section 211, an agent is bound by the duty to conduct the principal’s business in accordance with the directions given to him by the principal. In case the principal has not issued such directions, the principal shall conduct the business in accordance with the customs which prevail in the business of a similar nature at the place the agent is conducting sich business. Also, in case the agent fails to conduct the business, the agent must pay or account for any losses or profits that may arise.

In State Bank of Indore v. National Textile Corpn. , the plaintiff had deposited cheques in his bank for the collection of the amount of cheques. The cheques were lost in transit. It was held that it was the duty of the bank to see that cheques deposited by the plaintiff are handled properly and the bank failed to take care of this duty. Thus the bank was held liable for the loss of value of cheques to the drawee plaintiff.

Duty to show proper skill and diligence

According to Section 212, the agent is bound to act with the level of skill, that a person conducting a similar business possesses unless the principal is aware of the agent’s lack of skill. The agent shall also act with due diligence and be held liable for any direct consequence of his negligence, misconduct or lack of skill. Do note that the agent will not be held liable for anything remotely caused by his negligence, misconduct or lack of skill.

In Jayabharathi Corpn. V. Sv. P.N. Sn. Rajesekara Nadar, the agent misinformed the principal that goods had been purchased but later on stated that the goods could not indeed be purchased as the delivery was dependent on a third party which was in turn dependent on another party. It was held that the agent had committed gross neglect and misconduct and was therefore held liable.

Duty to render proper accounts

Section 213 has provided for the duty of the agent to render proper accounts to the principal, whenever he demands those. Therefore an agent is bound to maintain proper accounts of all the dealings that he has indulged in during the course of agency and show them to the principal in demand.

Duty to communicate with principal

Section 214 states that during the course of the agency if any difficulty arises in conducting the business for which the agent has been employed, he should take all reasonable steps and practice due diligence to communicate such difficulty to the principal and acquire his directions.

Duty to not act on his own account

The agent is duty-bound to not act on his own account. This means that the agent should not do any act for which he has not been authorized by the principal, without his consent.

In case he does commit an act without the principal’s consent, there are 2 rights that are available to the principal:

According to Section 215, the principal can repudiate the transaction so caused on the agent’s own account. That means the principal may reject the transaction that has taken place. To exercise this right, the principal has to show:

That a material fact had been dishonestly concealed by the agent.
Such dealings have been disadvantageous to the principal
Section 216 states that when the agent acts on his own account, without the consent of the principal, the principal is entitled to claim the benefits that may have arisen through such dealings.
Duty to pay sums received for principal

The agent has a duty to pay to the principal, all the sums that he has received on his account. This has been stated in Section 218. There is, however a right to retainer that an agent has. According to Section 217, the agent has the right to retain, out of the sums which he has received on the principal’s account, all the sums which he has paid himself with respect to expenses, advances etc. during the course of his dealings as an agent. He can also retain the remuneration which is due to him as an agent.

Conclusion

Therefore, the agent has the above duties to an agent which he must follow and take care of in his dealings during the course of his conducting business as an agent. He also has a right to retain out of the sum paid to the principal, the expenses which have been incurred by him.

The author is Om Gupta, a first-year law student pursuing BBA-LLB from the University School of Law and Legal Studies.

Job Post: Associate, Company Secretarial & Legal at Intertrust

Posted on July 23, 2021

About the Company

Intertrust is a global leader in providing tech-enabled corporate and fund solutions to clients operating and investing in the international business environment. The Company has more than 3,500 employees across 30 jurisdictions in Europe, the Americas, Asia Pacific and the Middle East. Intertrust delivers high-quality, tailored corporate, fund, capital market and private wealth services to its clients, with a view to building long-term relationships. Intertrust works with global law firms and accountancy firms, multinational corporations, financial institutions, fund managers, high net worth individuals and family offices.
In June 2019, Intertrust Group acquired Viteos, which was established in 2003, and is a top 10 U.S. fund administration provider, delivering tech-enabled, value added services to the funds industry. With more than 700 highly skilled employees, Viteos has grown into an industry leader servicing $350 billion in assets. As well as widening Intertrust’s range of services with its comprehensive fund solutions, Viteos’ leading edge technology across artificial intelligence, blockchain and robotics process automation will enable the Intertrust Group to significantly enhance it’s service offering, benefiting clients in the Americas, Europe and Asia, and across corporates, funds, capital markets and private wealth.
This role is based in India and will be working remotely with the Corporate Services team of Intertrust, providing accounting and reporting support to the team and their clients.

Job Description

 Qualified C.S and or Law Graduate
 Minimum of 2-4 years of relevant Corporate Secretarial experience
 Proficient in MS Office applications, in particular Excel, Word and Outlook
 Good team player, independent, meticulous, pro- active, high attention to detail, self-motivated and
able to adapt in new challenges and with excellent communication skills
 Fluent spoken and excellent written English
 Process management skills
 Open to travel and passport ready
 Assisting the team in handling all corporate secretarial matters for a portfolio of companies including incorporation & liquidation of legal entities
 Organizing board meetings and preparing board packs
 Preparing necessary documents for AGM, EGM, board resolutions, liquidations, striking off, etc.
 Setting-up of bank accounts for clients
 Assisting with statutory and compliance obligations
 Maintaining statutory records/share registrar (dividend payments, change of Directors/Shareholders etc.)
 Perform ad hoc client administration duties
 Prepare & review of tasks that an Associate is expected to perform

How to Apply?

https://intertrust.wd3.myworkdayjobs.com/en-US/External/job/Chennai/Associate_R011436?source=Linkedin

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Job Post: Jio Saavn is looking for Associate Manager- Legal & Business Affairs

Posted on July 23, 2021

LOCATION: Mumbai

OUR STORY:

JioSaavn is South Asia’s leading music streaming service. We are over 200 entrepreneurs, across New York, California, Mumbai, Gurgaon, and Bangalore, who help music lovers access, discover, and listen to their favorite songs across languages and genres. In early 2018, a merger between JioMusic and Saavn was announced; creating a combined entity valued at over $1 billion.

We blend digital technology, data analysis (which we have affectionately coined Music Science), and a strong, fearless business acumen to reach all corners of the globe. Through partnerships with Apple, Google, Amazon, Facebook, Twitter and Shazam – to name a few – JioSaavn reaches more music fans across the world. Our award-winning mobile products, partnerships, innovations and thought leadership have been featured in some of the world’s leading publications, from The New York Times, to The Wall Street Journal, The Economic Times to Forbes, and many more. We are well-funded by some of the world’s most successful institutional investors and global media companies as well as a number of strategic individuals. Beyond investing, they are advisors and supporters of our vision, our passion, and our collective ability to deliver a revolutionary music experience as the leader in India.

OUR CULTURE:

At JioSaavn, we ignite passion and performance to work towards a collective goal: creating the perfect mobile entertainment ecosystem that delivers the best possible music experience to millions of listeners around the world. Our default mode is that of perpetual innovation. Together, we form a concerted rhythm that goes beyond borders. We don’t just go with the flow, we create it.

JioSaavn offers a dynamic and unconventional work environment, full of fun wholesome experiences – from in-office performances by some of the world’s most beloved musicians to opportunities for international travel. We believe creativity and technology blend together like sweet melodies. When you choose JioSaavn, you join a diverse world of high-calibre techies, artists, and inventors hailing from companies like Yahoo!, Twitter, LinkedIn, Google, Qualcomm, HBO, Microsoft, Flipkart, Amazon, Paytm, Quikr, MSN, and NDTV. We are one of the few digital companies to provide employment opportunities that meet the Silicon Valley benchmark – right here in Mumbai! Figures, since we’ve got Silicon Valley covered, too.

Our value-based, people-first work culture is about empowering every individual in our global team to be catalysts for change in this dynamic digital world. Every day is an opportunity to bring your vision to life, and to expand, learn and grow. No idea is left unconsidered. No voice is left unheard.

With listeners speaking multiple languages in almost every country in the world, we like to think we have the most diverse user base on the planet. This has only been made possible because of the value we place on radical inclusivity in our offices across the globe. We believe different is wonderful, and what sets us apart is also what brings us closer. JioSaavn prides itself on being an equal opportunity employer. We have committed ourselves to creating a safe environment with fair and equal access and opportunities, sans discrimination. We encourage everyone to be open to experiences and perspectives beyond their normal; divergent thinkers create differentiated products, and even better music.

If our vibe matches with yours, we’d love to hear from you.

ROLE:

JioSaavn is currently seeking an experienced lawyer to join the in-house legal team to play a crucial legal and business affairs role for JioSaavn’s India operations. A successful candidate will be responsible for supporting the evolving needs of a fast-paced and high-growth business, bringing pragmatic solutions, best practices, and strategies for managing legal risks. We are looking for a talented lawyer with initiative and drive who can effectively partner with business teams and handle a high volume of varied and complex legal work in the media, music, and technology sectors. This role will require you to play an important role in JioSaavn’s Legal and Business Affairs department in India and as such, excellent communication and interpersonal skills, along with the ability to offer legal advice clearly and effectively to a diverse audience is essential. This position reports directly to our AVP- Legal & Business Affairs.

RESPONSIBILITIES:

Regular communication with JioSaavn business units to help identify and address legal issues associated with technology, digital product, digital content, integrated marketing, and programming across the JioSaavn platform.
Advise and provide legal advice on a wide spectrum of contract, technology, corporate, advertising, intellectual property, corporate, and privacy-related issues.
Work closely with JioSaavn’s content strategy groups to assess risks associated with evolving content acquisition strategies and the licensing/clearance of related rights.
Support the Legal Affairs group with ongoing work streams including compliance, process improvement, template development and the use of technology to increase efficiencies.
Ability to work proactively, independently and reliably work on multiple projects under tight timelines in an environment that is fast-paced and effectively communicate and collaborate with a broad range of constituents that are involved.
Should express comfort working with technology and the ability to learn, display and grasp proficiency with technology.
Provide advice and counsel pertaining to cybersecurity, data protection, privacy law and issues including reviewing and drafting terms of use and privacy policies.

REQUIREMENTS:

L.L.B with strong academic performance.
Admitted to practice in India.
2-3 years of transactional legal experience in a top-tier law firm or in-house legal department.
Comprehensive understanding of Media & Entertainment laws, Intellectual Property laws, Information Technology laws.
Knowledge and practice of Corporate laws .
Excellent business and legal judgment. Superior ability to assess risk and determine priorities based on that risk assessment as well as the needs of the business.
Proven ability to quickly understand and learn new skill sets and new areas of practice.
Exceptionally strong written and oral communication skills with the ability to tailor communication styles to diverse audiences.
Outstanding organizational skills and ability to manage multiple projects simultaneously and complete them on time.
An ideal candidate is “techie” by avocation and an avid music listener.
An entrepreneurial, creative and solution-driven outlook on all legal strategies.

BENEFITS AND PERKS:

At JioSaavn, we blur work and play, and you get all the perks of a global company. You will get to work with a dynamic group of entrepreneurs, who are delivering results and working zealously across time zones to make a difference in the way the world experiences music. We love what we do, and we think you will too.

Group Mediclaim
Fun Fridays
Flexible vacation policies
Free healthy (and unhealthy) lunches & snacks
JioSaavn-sponsored team outings

How to Apply?

https://saavn.applytojob.com/apply/Jj1FN8qCxq/Associate-Manager-Legal-Business-Affairs

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Job Post: Associate-Indirect Tax-Pune at Lakshmikumaran and Sridharan

Posted on July 23, 2021

About the Company

Founded in 1985 by Mr V Lakshmikumaran and Mr V Sridharan with humble beginnings, the firm started with a Tax Practice but has gradually expanded to other areas. We are now a full-service law firm offering litigation, consulting and advisory services in Tax, International Trade, Corporate, Commercial Dispute Resolution, Intellectual Property Rights and Food Safety Law through the support of our 700+ professionals. Our clients include several Fortune 500 companies, Indian industry leaders & groups as well as small & medium enterprises. The firm has eleven offices located across India in New Delhi, Gurgaon, Mumbai, Bangalore, Chennai, Pune, Ahmedabad, Chandigarh, Hyderabad, Kolkata and Allahabad. This social media profile is only for dissemination of basic information about the firm, as well as for sharing relevant legal information which is also otherwise available on various public platforms. This website is not an attempt to advertise or solicit clients and does not seek to create or invite any lawyer-client relationship. The content or links should not be construed as a legal reference or legal advice.

About the job

Associate-Indirect Tax-Pune

Essential Qualification: LLB from a known Law School with the strong academic track record.

Prior experience in Indirect Tax would be preferred i. e. GST and/or customs.

Excellent Communication and Drafting Skills.

Experience: 0-3 years of experience in Indirect tax in the field of litigation or advisory.

Job Profile:

In-depth research and analysis of legal provisions.
Drafting of advises, opinions and compliance reports
Preparation of Power Point presentations for client meetings, trainings, seminars etc.
Analysis of client data for estimating tax impact on business transactions
Scenario building for identifying most tax efficient business model
Contributing in form of articles, monographs, etc.

Client service delivery/execution

· Ability to pro-actively identify and discuss technical issues with clients while being mindful of firm risk issues

· Handle tax matters with regard to preparation of submissions, replies to notices, appeals etc., meeting the tax authorities, representation during appeals along with seniors etc.

· Executes the work on a multiple client base. Assumes near independent responsibility for smaller clients

· Develops rapport with middle layers of client management

Develops commercial acumen

· Stays abreast of firm wide and competitor activities and general business trends

· Brings value to the client and manager by applying this knowledge in delivering solutions to clients

Networking & Identification of opportunities:

· Begins to identify new opportunities for existing clients and communicates to manager

· Networks internally within the peer group and other levels in the firm in order to gain understanding of issues that may impact his clients

Compiles legal data base and contribute in study session while continuously updating with latest legal developments such as circulars, notifications, decisions

How to Apply?

https://www.linkedin.com/company/lakshmikumaran-and-sridharan/

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Job Post: HERE is looking for Legal Counsel; Mumbai

Posted on July 23, 2021

What’s the role?

HERE is looking for an experienced lawyer to join our team in Mumbai. As Legal Counsel, you will be the central point of contact for legal support for HERE’s business operations Globally, focused on strategic, solution-oriented practical advice. You will be a member of the APAC Legal Team, reporting to the Senior Legal Counsel, and a member of the broader Global Legal Team, which is comprised of highly qualified and experienced lawyers located around the world.

Main Responsibilities

Review various types of commercial contracts (including NDAs, evaluation agreements, master services agreements, Vendor Agreements, Amendments, renewals , SOW’s, Data acquisition agreements) and provide redlines.
Work independently with internal clients, supporting negotiations and advising on negotiation practices.
Legal research and Interpretation.
Maintain legal databases.
Maintain the strictest confidentiality of matters.
Provide support for legal projects.
Conduct training on legal processes.

Who are you?

Qualifications and Experience

A minimum of 3 + years of relevant legal experience.
LLB, or equivalent qualification and strong academic credentials from a top law school in India or abroad
In-house experience with a technology company a plus

Knowledge and Skills

Excellent drafting and negotiation skills.

Knowledge of intellectual property and contracting concepts.
Excellent organizational, communication, interpersonal and management skills, with proven ability to manage several simultaneous projects within required deadlines.
Basic knowledge on Employment Law.

Ability to work well independently as well as in a cross-functional team and build rapport and trust with internal clients and external suppliers and customers.
Ability to adapt to a changing work environment.
Willing to travel as and when required

HERE is an equal opportunity employer. We evaluate qualified applicants without regard to race, colour, age, gender identity, sexual orientation, marital status, parental status, religion, sex, national origin, disability, veteran status, and other legally protected characteristics.

Who are we?

HERE Technologies is a location data and technology platform company. We empower our customers to achieve better outcomes – from helping a city manage its infrastructure or a business optimize its assets to guiding drivers to their destination safely.

At HERE we take it upon ourselves to be the change we wish to see. We create solutions that fuel innovation, provide opportunity and foster inclusion to improve people’s lives. If you are inspired by an open world and driven to create positive change, join us. Learn more about us.

How to Apply?

https://careers-here.icims.com/jobs/57962/legal-counsel-ii/job?mode=job&iis=Job+Board&iisn=LinkedIn&mobile=true&width=360&height=646&bga=true&needsRedirect=false&jan1offset=330&jun1offset=330

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Job Post: Pocket Aces is hiring for Legal Associate

Posted on July 23, 2021

About Pocket Aces:

Pocket Aces is India’s leading digital media entertainment company, focused on mobile video.

Our vision: To build a data-driven content platform that helps solve boredom for 500 million+ young Indians by providing them with entertainment in multiple formats and different regional languages.

The company operates five socially distributed content brands: FilterCopy (short format videos), Dice Media (multi-episode web series), and Gobble (Lifestyle and food channel), Jambo (young-adult animation shorts) and Nutshell (infotainment videos), a direct-to-consumer platform: Loco (game streaming and e-sports app) and a talent management network: Clout.

The company’s socially distributed video network has amassed >12 billion video views with a current run rate of over 500 million monthly views. The company’s short-form channels are consistently ranked as the top short video creators in their categories. Dice Media has made some of the most successful long-form digital content, including “Little Things”, “What The Folks” and “Operation MBBS”, and has the highest series renewal rate in the industry. It is also the first new-age creator to have a multi-show deal with the streaming giant, Netflix.

Pocket Aces has worked extensively with large advertisers including PepsiCo, Flipkart, Landmark Group, Marico, Kingfisher, Kotak Mahindra Bank, etc. The company’s content has also been syndicated to various OTT platforms such as Ola Play and Reliance Jio, airlines such as Emirates, Jet and Cathay Pacific, cable partners such as Tata Sky, and international platforms such as China’s Youku Tudou and Bytedance.

Major investors in Pocket Aces include Sequoia Capital, North Base Media, 3one4 Capital, and the co-founders of India’s largest IT services firm, Infosys. In July 2019, the company announced a ₹100 crore investment from Sequoia India, DSP Group, and 3one4 Capital, besides other prominent investors.

Job Description:

● Assisting in negotiating, closing legal documents that are part of a fund-raise activity (Debt and Equity)

● Drafting, negotiating and closing high value, customised revenue contracts with OTT platforms

● Standardizing agreements such Artist agreement, Business Development agreement, Vendor agreement, Non-disclosure agreements etc

● Providing general legal advice on business and commercial issues

Stakeholder Management – Effectively liaising with external counsel and managing internal relationships with teams and business leads

● People Management – Mentoring and coaching direct reportees to ensure they stay engaged and are able to deliver well

Key Requirements:

● Must have thorough expertise in General corporate matters, Gaming industry rules and all IPR matters (trademark & copyright)

● Overall experience of 4-8 years. Experience in a similar field would be very helpful.

How to Apply?

Send in your CV addressed to Fiona on fiona.rodrigues@pocketaces.in

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First Generation Lawyers- An Unfair Challenge or a Handly Excuse

Posted on July 22, 2021

Abstract

Recently, there has been a lot of buzz around the ever-evolving concept of first generation lawyers. The opinion put forward by the masses is divided on two-fronts. One being on the disadvantageous side, which herein, is referred to as an unfair challenge and the other being on the positive side, that is referred to as a handy excuse. The article aims at explaining both the fronts from their respective perspectives.

INTRODUCTION

First things first, are there any strait-jacketed definition of first-gen lawyers?

To be precise, there are no actual definitions of first-generation lawyers. But, based on common sense and an analytical approach we can say that, first-generation lawyer is one who is the first in their immediate family to attend law school. They might often land themselves into trouble while in law school, because the scenario and the activities in there is totally different as compared to any other contemporary courses like engineering, medical, etc. Gaps in knowledge and support can potentially put the first-gen law students into an unintentional and disadvantageous position.

First-Gen Lawyers- An Unfair Challenge

The first-gen law school experience is generally under-researched; however studies and research show that similar obstructions undergrads face as students regularly adhere to them to graduate school. These variations can be seen in the student loan borrowing scenario: 93 percent of first-generation law students borrow money to finance their legal education, compared to 84 percent of their peers who are continuing their education. They borrow about 23 percent more too, leaving law school that are much more financially burdened.[1]

First generation law students are likewise bound to be more established, less affluent, and from a multicultural foundation. They are more prone towards attending law school in a part-time manner, which itself poses a new set of challenges. And they tend to spend much more time — 40 percent more time, in fact — working to pay their own way through law school. But they also typically study more too. [2]

Law school is hard enough as it is and when you are a first-gen law student you are automatically susceptible to new set of challenges and struggles which has no blue print of its own. This really gets hard in the long run as there exist no particular set of directions which can be learnt and eventually followed up to. There also lies a sense of invisible urgency of getting everything right the first time and this tends to become overwhelming most of the times. The first-gen law students are always stuck in the bubble of meeting societal and familial expectations with no support from the back end to keep them going without losing their mind. There is no so called inner-circle to help them out in times of need.

Every career option is filled with its own set of challenges, pros and cons. The same goes for legal profession too. The main problem faced by a first-gen lawyer is when he/she decides to go for the profession of a litigator as a career option. Litigation as career option is really not feasible choice for first-gen lawyers having no family background in law because the fear of nepotism is embedded in every nook and corner of this litigation profession. As a opinion, it has always been suggested from time immemorial that only the sons and daughters of judges/lawyers should take up litigation as a profession.

First-Gen Lawyers: A Handy excuse:

There are some things which are definitely within the control of an aspiring first-gen lawyers and that is the ability to work hard, write a lot on legal and non-legal concepts, brush up the mooting skills, legal accumen and ensure he has the best possible command over the language and law during the course of his law school and beyond. Legal aspirants who have been very clear about their about their choice of becoming a lawyer has actually flourished in their respective fields. The Supreme Court of India and different High Courts like those in Delhi, Mumbai, Madras, Kolkata, and so on are brimming with examples where first-gen lawyers from law schools have done immensely well.

It is often seen that while criticizing the nepotism at the Bar, one neglects to focus on what really should be done to turn into a decent lawyer. In any case, it can be can securely said that a decided, dedicated, and prompt lawyer will unavoidably wind up being a fruitful litigator, despite his being a first-generation lawyer.

The profession requires a lot of reading of the legal and non-legal texts. It additionally requires a immense amount of persistence, consistence and patience. Yet, the way that one partakes in his/her work consistently is rewarding enough to make every one of the penances requested by the profession. It is significant for a person to continue to accomplish great work at the offices of a Senior or while addressing his/her own clients. Sit tight for the chances that will definitely come, where you can show the abilities and experience that you have accumulated in these load of years.

SUGESTIONS

One must take the advantage of the first-gen resources available in the law school like student groups, library, mentoring, networking events, to strengthen the support system and increase the confidence and comfort level. Ask around about the alumni, career service officer and the placement cell for mentoring and build a network. Foster relationships with the faculty members during office hours asking for feedback on your activities. Always focus on the strengths and the abilities you have as a first-gen law student and lawyer, this in turn will help you bring a new perspective to whatever you are pursuing. Join professional organizations, stay connected with the networks that you have built while in law school and even afterwards. Highlight experiences in your CV, Resume and cover letters, demonstrate your perspective as a first-gen law student and professional in your interviews. Last but not the least, the hard work and determination that a person pursues in any kind of profession especially in the legal field helps him/her to get far in his/her career in the long run. You are all you need to succeed!

[1] Jessica Tomer, First-gen law students: Struggles, solutions and schools that care, last updated on 22.07.2021, https://www.nationaljurist.com/national-jurist-magazine/first-generation-law-students-struggles-solutions-and-schools-care.

[2] Jessica Tomer, First-gen law students: Struggles, solutions and schools that care, last updated on 22.07.2021, https://www.nationaljurist.com/national-jurist-magazine/first-generation-law-students-struggles-solutions-and-schools-care.

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