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Dilemma for Two Indian Parties choosing Foreign Seat: Determining the Nature of Such Arbitration and Applicability of Part I under Indian Arbitration Act 1996

  Short Summary The article attempts to analyse  the nature of foreign seated arbitration by two Indian parties. The significance of this determination is to further determine the applicability of Section 9 of the A & C Act, 1996 in such arbitrations.      INTRODUCTION The position taken by the different Courts in India over the issue of two Indian parties choosing foreign seat of arbitration has been inconsistent even after more than 20 years of enactment of Indian Arbitration and Conciliation Act, 1996 ( hereinafter referred to as “Act” ). The Bombay High Court in Aadhar Mercantile (2015) [1] held that two Indian parties cannot choose foreign seat of arbitration while interpreting the ruling of Supreme Court (hereinafter referred to as “SC”) in TDM Infrastructure (2008) [2] . It was held by the SC that two Indian parties cannot derogate from Indian substantive law although the issue whether two Indian parties can choose foreign seat was not specifically dealt in this

Med-Arb in Indian Perspective: Its Efficiency and Utility in the Existing System

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Openness uncovers a myriad of viewpoints and experiences. Open-ended discussions tend to nurture the statements in the face of crystallinity. Moreover, it comforts the individuals being engaged in any kind of discussion concerning social, legal and economic realms. Pertaining to the above assertions, the article aims to analyse the utility and efficacy of Med-Arb in the Indian Judicial System. As the notion of Med-Arb stands on the cornerstone of self-determination, impartiality and confidentiality, it is to be affirmed that the quality of openness is of paramount importance at all the stages of the procedure. The judicial system of our country has been long burdened with a large number of cases being delayed or pending before the District courts, High courts and the Supreme Court [1] . However, courts should not be the platforms where the disputes between the parties escalate, rather where the disputes end up with efficient solutions and remedies. Ensuring

Medical Devices Sector: Prerogatives and Regulatory Reforms post COVID-19

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                                    OVERVIEW India is the 4 th Largest Medical Devices Market in the world after Japan, China and South Korea. The present Government is also trying to harness and stabilize the medical devices market in India, by allowing 100% FDI in the Medical Devices Sector. Through a recent notification, the Union Health Ministry has proposed to bring all medical devices including contraceptives and implants under the regulatory framework of the apex drug regulatory body, Central Drugs and Standard Control Organisation (CDSCO), mandating all medical devices to get CDSCO certification [1] India’s Ministry of Health and Family Welfare (MoHFW) and the Central Drugs Standard Control Organization (CDSCO) are the main regulatory bodies that are responsible for overseeing pharmaceuticals and medical devices within India. The CDSCO exercises regulatory control over the import of drugs and devices, and approves new medical products and clinical trials. [2]