Nazmul Hasan

THE LEX MERCATORIA Definition of the Lex Mercatoria Many practitioners and commentators have criticized the lex mercatoria on a number of grounds, but especially on the ground that it is a concept too vague and uncertain to apply. 20 Although there is increasing agreement about what the lex mercatoria is, the definition is not uniformly agreed upon. Here are some characteristic definitions: §   A loosely organized system of transnational legal principles, rules and standards derived from the usages, customs, and practice of international commerce. §   General principles of law, transnational rules, a method of decision-making. §   Customary commercial law. §   “Transnational substantive rules of law and trade usages and the method of their application to international economic transactions.” §   A set of substantive rules developed to regulate international trade in the business community, which are derived “not only from international commercial ...

Conditions of Section 52: ( ক ) মামলা Pending অবস্থায় রয়েছে। ( খ )   মামলাটি হবে স্থাবর সম্পত্তি নিয়ে।   ( গ ) সেক্ষেত্রে পক্ষরা উক্ত স্থাবর সম্পত্তি মামালটি Pending অবস্থায় হস্তান্তর করতে পারবেন না। এই নীতিকে বলা হয় Doctrine of Lis Pendens .                                                                              Exception to ( গ ): If the court gives permission.   Explanation : মামলা রুজু অবস্থা কি? আরজী দাখিল থেকে চূড়ান্ত ডিক্রির (ডিক্রির দাবী আদায় না হওয়া পর্যন্ত) মাঝের সময়কে মামলা রুজু অবস্থায় বলে বিবেচনা করা হয়।

ARBITRATIONS INVOLVING STATES ICSID Arbitrations   State or State-owned entities are generally immune from suits by individuals or companies. However, if the state or state entity engages in a commercial deal, and particularly if it enters into an arbitration agreement, normally it will be considered to have waived immunity. Moreover, it may be obliged to arbitrate under the provisions of a bilateral investment treaty. For Contracting States who agree to arbitration under the ICSID Rules of Arbitration, any resulting award is not appealable to a court, and national laws are not applicable to the process. The award can, however, under the ICSID Rules, be reviewed by an ad hoc committee of three arbitrators, and, if annulled, will have to be arbitrated again by yet another tribunal. A monetary award is enforceable in a Contracting State as though it were a final judgment in the court of that state.     Book Reference: THE PRINCIPLES AND PRACTICE OF INTERNATIONAL COM...

Question: What do you know about-“Last Offer Arbitration” (Baseball Arbitration)? Answer: This is a technique within an arbitration to try to bring both parties closer together in terms of what the amount awarded should be . Each party states its best offer as to the amount it thinks should be awarded , and the arbitrator only has the ability to choose either one proposal or the other . Thus, each side has an incentive to be reasonable, because to the extent one side is too extreme, the other side’s number will be chosen. This is sometimes called “baseball arbitration” because it has on occasion been used in establishing players’ contracts in Major League Baseball in the United States. Book Reference: THE PRINCIPLES AND PRACTICE OF INTERNATIONAL COMMERCIAL ARBITRATION by  Margaret L. Moses, Loyola University Chicago School of Law, CAMBRIDGE UNIVERSITY PRESS, First published in 2008,Page no.15.       

  Effect of non-registration of documents required to be registered 49. No document required to be registered under this Act or under any earlier law providing for or relating to registration of documents shall-   (a) operate to create , declare , assign , limit or extinguish , whether in present or in future , any right , title or interest , whether vested or contingent , to or in immoveable property , or (b) confer any power to adopt , unless it has been registered. Discussion: Study Tips : Try to read Section 49 in the following manner: A No document required to be registered under this Act or under any earlier law providing for or relating to registration of documents shall not  ( Instead of     “No” use ‘A’ and add “not” after shall.) (a) operate to create , declare , assign , limit or extinguish , whether in present or in future , any right , title or interest , whether vested or contingent , to or in immoveable pr...

Question. What are the two courses open to an aggrieved person under the criminal law?   Answer: Complaint petition and F.I.R. (First Information Report) are the two courses open to an aggrieved person under the criminal law. Reasons: When an offence is committed, the victim or the aggrieved party files either a complaint petition before the Judicial Magistrate/Chief Judicial Magistrate or lodges an F.I.R. before the officer-in-charge of a police station. Thus, F.I.R. and complaint are the two ways by which a criminal case may be initiated. An F.I.R. is lodged only when a cognizable offence is committed (section 154, Cr. P.C.) but complaint petition may be filed in case of cognizable as well as non-cognizable offences [section 2(h), Cr. P.C.]. However, normally in the case of cognizable offences like murder, dacoity etc., the basis of initiation of criminal case is an F.I.R. and not a complaint. Thus, it can be said that F.I.R. before police and complaint petition before t...