Assistant/Associate Rector Washington, DC 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 AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem Rector Albany, NY Priest Associate or Director of Adult Ministries Greenville, SC Associate Rector for Family Ministries Anchorage, AK Canon for Family Ministry Jackson, MS Rector Shreveport, LA Rector Pittsburgh, PA This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET Cathedral Dean Boise, ID Associate Priest for Pastoral Care New York, NY Rector Martinsville, VA Director of Administration & Finance Atlanta, GA New Berrigan Book With Episcopal Roots Cascade Books Rector/Priest in Charge (PT) Lisbon, ME 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 House of Bishops opens fall meeting with discussions of same-sex spouse exclusion from Lambeth 2020 Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET Rector (FT or PT) Indian River, MI 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 Tags Rector and Chaplain Eugene, OR Featured Jobs & Calls Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT Featured Events Rector Washington, DC Youth Minister Lorton, VA Family Ministry Coordinator Baton Rouge, LA Submit a Press Release Assistant/Associate Priest Scottsdale, AZ Curate Diocese of Nebraska Press Release Service Rector Smithfield, NC Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group Assistant/Associate Rector Morristown, NJ Submit a Job Listing Rector Belleville, IL By David PaulsenPosted Sep 17, 2019 An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET Missioner for Disaster Resilience Sacramento, CA Rector Knoxville, TN Bishop Diocesan Springfield, IL Rector Bath, NC Rector Tampa, FL Rector Collierville, TN Director of Music Morristown, NJ Submit an Event Listing House of Bishops Fall 2019 Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest Course Director Jerusalem, Israel Associate Rector Columbus, GA Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 El Camino Real Bishop Mary Gray-Reeves introduces an afternoon session about the Lambeth Conference on Sept. 17 at the House of Bishops meeting in Minneapolis, Minnesota. Photo: David Paulsen/Episcopal News Service[Episcopal News Service – Minneapolis, Minnesota] The Episcopal Church’s House of Bishops gathered here on Sept. 17 to begin a four-day meeting where the question of the Lambeth Conference 2020 loomed from the outset, both as a point of punctuation in Presiding Bishop Michael Curry’s opening sermon and as the scheduled topic of discussion for the first afternoon.Archbishop of Canterbury Justin Welby, in calling all bishops in the Anglican Communion to attend the Lambeth Conference next summer, chose to invite gay and lesbian bishops but not their spouses, a plan he saw as a way to balance the divisions in the communion, but one that drew criticism, including from within The Episcopal Church. By the time Lambeth starts on July 22, The Episcopal Church will have at least three bishops with same-sex spouses.Presiding Bishop Michael Curry preaches during the opening Eucharist of the House of Bishops meeting on Sept. 17. Photo: David Paulsen/Episcopal News ServiceCurry alluded in his sermon to the variety of responses that Episcopal bishops are considering.“We are going to Lambeth, but some of us can’t and some of us won’t. We’ll each have to make a decision of conscience, and that decision of conscience must be respected,” Curry said, adding that he will attend. “I’m going as a witness to the way of love that Jesus has taught me.”An estimated 134 bishops and bishops-elect are attending this House of Bishops meeting, held in the Courtyard by Marriott hotel in downtown Minneapolis. Two of those attending have same-sex spouses: New York Assistant Bishop Mary Glasspool and Maine Bishop Thomas Brown. A third, the Rev. Bonnie Perry, is scheduled to be consecrated bishop of Michigan on Feb. 8, 2020.The bishops, at their March meeting, approved a statement saying that, while a majority of them plan to attend Lambeth, they are “aggrieved and distressed” by Welby’s decision to exclude same-sex spouses.At that time, Glasspool was The Episcopal Church’s only openly gay bishop whose spouse had been barred from attending Lambeth. Brown was consecrated as bishop three months later, on June 22. In March, the only other active bishop in the Anglican Communion to whom Welby’s decision was known to apply was Diocese of Toronto Bishop Suffragan Kevin Robertson.The topic came up again in the late April/early May meeting of the Anglican Consultative Council in Hong Kong, where Welby spoke about his decision.“I ask your forgiveness where I made mistakes,” Welby said at the conclusion of that meeting, which produced a successful resolution spearheaded by Oklahoma Bishop Ed Konieczny.In the House of Bishops’ afternoon discussion of Lambeth, Konieczny summarized the negotiations in Hong Kong. He said representatives from across the Anglican Communion ultimately came together in support of language that was “a reaffirmation of our respect for the dignity of all people,” including specifically LGBTQ Christians.The spirit of Anglican interdependence should serve as a guide for Episcopal bishops planning to attend Lambeth, Konieczny said. Other Anglican provinces don’t always feel that The Episcopal Church listens to their experiences and concerns.“We are in a place in the communion where we have an opportunity to turn a corner and be in a relationship with folks, but we have to do more listening than talking,” he said.Similar points were made by both Curry and El Camino Real Bishop Mary Gray-Reeves in their remarks in the afternoon session about Lambeth. Gray-Reeves serves as vice chair of the House of Bishops.“Whatever else the Lambeth Conference is for you and for the church … it is an amazing cross-cultural experience,” she said.And Curry urged the bishops who will attend Lambeth to bring a spirit of humility.“Humility for us as Americans is hard. We are quick to speak and slow to listen,” Curry said. “I am quick to speak and slow to listen, and to listen and to really hear.” He encouraged the Episcopal bishops, as they engage with bishops from around the world, “to hear each other, to receive each other, to be honest with each other, to make space for each other, to love each other.”And although issues of human sexuality have been a point of contention at previous gatherings of worldwide Anglican bodies, Curry said he expects less tension at Lambeth 2020.“I don’t expect a battle royal,” he said. “I pray that I’m right about that.”Dallas Bishop George Sumner agreed. In presenting a brief history of the Lambeth Conference and details about next year’s gathering, he said about 600 bishops and 500 spouses have registered so far. “A battle royal is not what they’re looking for,” Sumner said.Dallas Bishop George Sumner provides an overview of the history of the Lambeth Conference and plans for Lambeth 2020. Photo: David Paulsen/Episcopal News ServiceSumner was one of eight bishops who, until last year, forbade use of The Episcopal Church’s trial rites for same-sex weddings in their dioceses. Sumner and six of those bishops relented in response to a 2018 General Convention resolution and created procedures for same-sex couples to marry. Albany Bishop William Love, who is among the bishops attending the meeting this week in Minneapolis, is the only who still refuses to allow the rites, and he now faces potential disciplinary action for that decision.Even if the Anglican bishops at Lambeth downplay human sexuality as an issue, Welby’s decision made attending Lambeth problematic for Episcopal bishops who support same-sex marriage and who take offense at Welby’s exclusion of some spouses merely because of their sexuality.Michigan Bishop Wendell Gibbs spoke briefly in his remarks about Welby’s decision.“I am extremely disappointed at the archbishop’s choice of not inviting some of the spouses,” Gibbs said. “Perhaps he shouldn’t have invited any. That would have been another statement altogether. But he did what he did, and now we must be the church representing the church.”Gibbs added that he won’t attend Lambeth, not because he doesn’t want to go but because he will have handed the reins of his diocese over to Michigan bishop-elect Perry by that time.Massachusetts Bishop Alan Gates announced that he would not attend Lambeth because some spouses would be excluded. He suggested the cost of attending the conference to nurture relationships with brothers and sisters around the Anglican Communion was too high if it threatened a break in his relationships with brothers and sisters within The Episcopal Church. Other bishops and spouses continue to deliberate on whether to attend Lambeth in light of Welby’s exclusion of same-sex spouses.Glasspool told Episcopal News Service that she plans to attend Lambeth and her wife, Becki Sander, though not invited to the conference, will travel to England with Glasspool. Brown, bishop of Maine, told ENS he and his husband, the Rev. Thomas Mousin, have not yet decided how to respond to Welby’s invitation to Brown, which specifically excluded Mousin. Perry said she and her wife, the Rev. Susan Harlow, are still considering what to do, especially since Perry is less than five months from being consecrated bishop and therefore hasn’t yet received an invitation.Bishop Mary Glasspool, left, talks with her wife, Becki Sander, during a break in the House of Bishops meeting. Photo: David Paulsen/Episcopal News ServiceMuch of the rest of the Sept. 17 afternoon session was limited to general preparation for attending Lambeth. Gray-Reeves said a more extensive discussion of how individual bishops will respond to the invitations and exclusions is scheduled for Sept. 20, the last day of the meeting.Other issues were taken up during the day, including in Curry’s wide-ranging morning sermon. Curry preached for 30 minutes and made several references to today’s political climate that he sought to infuse with Christian urgency rather than partisan fervor.“I’m not being political. This is biblical,” Curry said.Invoking Isaiah’s command to “look to the rock” of God for spiritual stability, Curry downplayed The Episcopal Church’s recently released parochial report data showing membership and attendance losses, and he rejected rhetoric that urges Americans to look backward, such as “Make America Great Again.”Isaiah wasn’t “pining for the past. He’s summoning providence, summoning up principles and values,” Curry said. “This isn’t about pining for the past. This is about standing on solid ground that cannot be shaken.”Curry, however, reached into the past himself for an example that drew a parallel to the United States’ foundational principles. The Founding Fathers may have been “hypocrites,” particularly regarding slavery, because their reality didn’t fully live up to their lofty ideals, but those ideals still matter, Curry said, reciting the opening lines of the Declaration of Independence and then the full Pledge of Allegiance.“‘Indivisible. Indivisible,’” he boomed, “‘with liberty and justice,’ not just for some … ‘liberty and justice for all.’ That’s America.”The bishops responded by briefly filling the ballroom with their applause.“We will catalyze a revival,” Curry continued, “a revival in this nation, a revival in our church, a revival to the principles and to the God who is the author of them.”– David Paulsen is an editor and reporter for Episcopal News Service. He can be reached at [email protected] Priest-in-Charge Lebanon, OH Rector Hopkinsville, KY House of Bishops, Curate (Associate & Priest-in-Charge) Traverse City, MI
Photographs ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/930453/serena-house-studio-ck-arquitetura Clipboard Houses Brazil CopyAbout this officeStudio CK ArquiteturaOfficeFollowProductConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesResidential ArchitectureBrazilPublished on December 23, 2019Cite: “Serena House / Studio CK Arquitetura” [Casa Serena / Studio CK Arquitetura] 23 Dec 2019. ArchDaily. Accessed 10 Jun 2021.
Tagged with: legacies Remember a Charity Research / statistics 35 total views, 1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis1 “People in their sixties are really living life to the full and doing amazing things, not least of all volunteering their time and taking part in challenge events for good causes. It is fantastic to see that one in six have already included a charity in their Will and twice as many would consider doing so. This tells us there is far greater potential still to be met when it comes to growing legacies.“People know they can give in this way and many are willing, but there is a need to normalise this form of giving and ensure that it becomes a regular part of the discussion when planning a person’s inheritance or Will.”Remember A Charity is working with a range of audiences; the charity sector, Government, businesses and professional advisers this summer to encourage the public to include a charity when writing a Will, ahead of Remember A Charity Week. AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis1 Remember A Charity confirms potential growth for legacy giving Over one third (35%) of those over 60 who haven’t included a charitable donation in their will said that they would consider doing so, according to research for Remember A Charity.The research found that Britons in their sixties are living active and philanthropic lives, with many saying they felt younger than their years:• 47% said that they feel at least 10 years younger• one third said that they are more likely to seek out new experiences than they were 20 years ago.Remember A Charity, the consortium of charities that encourages more people to leave a gift to charity in their Will, commissioned the research ahead of this year’s Remember A Charity in your Will Week, which takes place from 7-13 September.‘Young Age Pensioners’The consortium described this cohort as ‘Young Age Pensioners’, to contrast with the now deprecated term ‘Old Age Pensioners’. For example, it found that 10% of them have taken part in extreme sports over the past decade, including skydiving, bungee jumping and scuba diving.According to the research, 22% of over 60s are volunteering for good causes. In addition, 16% of the age group said that not only had they made a Will but that they had also include a charitable gift in it. This suggests positive progress from the oft-quoted statistic of one in seven people who have left a charitable gift in their Will.In welcome news for legacy fundraisers, of those who have not including a charitable donation, 35% said they would consider leaving a legacy to a charity.More legacy work to be doneAt the same time the research shows that the Will writing message is still needed. Remember A Charity found that 28% of people aged 60 or over have not written a Will. As legacy fundraisers know, no Will equals no charitable gift, plus of course the likely problems for the individuals’ families if they die intestate.Social media will likely form part of any communications with these people, as 41% of respondents said that they used these channels regularly.The survey was conducted by OnePoll in June 2015 and surveyed 2,000 adults in two age group category’s; 45-59 year olds and 60+Rob Cope, Director of Remember A Charity, said: Advertisement Howard Lake | 27 July 2015 | News About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving.
El año 2019 está por terminar y con esto viene el día que la mayoría de estadounidenses conocen como el Día de Acción de Gracias. Mientras dejo que mi mente divague más allá de las barras de acero y muros de concreto, intento imaginar lo que hace y lo que piensan las personas que viven fuera de las puertas de la prisión. ¿Alguna vez piensan en la gente indígena que se vio obligada a abandonar sus tierras? ¿Entienden que con cada paso que dan, sea cual sea la dirección, están caminando sobre tierras robadas? ¿Pueden imaginar, aunque sea por un minuto, cómo era ver el sufrimiento de las mujeres, los niños y niñas y bebés, también de la gente enferma y la gente de mayor edad cuando fueron obligados a mudarse al Oeste con temperaturas bajo cero con poca o ninguna comida? Eran mi pueblo y ésta fue nuestra tierra. Hubo un tiempo cuando disfrutábamos de libertad y pudimos cazar búfalos y recolectar alimentos y medicinas sagradas. Pudimos pescar y disfrutábamos del agua limpia y clara. Mi pueblo era generoso. Compartimos todo lo que teníamos, incluyendo el conocimiento de cómo sobrevivir los inviernos largos y duros o los veranos calurosos y húmedos. Apreciamos los regalos de nuestro Creador y recordamos dar gracias cada día. Tuvimos ceremonias y danzas especiales que eran una celebración de vida.Con la llegada de extranjeros a nuestras costas, la vida como la conocíamos cambió radicalmente. La propiedad individual era ajena a mi pueblo. ¿Las vallas? Desconocidas en aquel entonces. Éramos un pueblo comunal y nos cuidábamos el uno al otro. Nuestros abuelos y abuelas no estaban aislados de nosotros. Eran las y los guardianes de la sabiduría y narradores de historias; eran un vínculo importante en nuestras familias. ¿Las criaturas? ¡Fueron y son nuestro futuro! Miren a las y los brillantes jóvenes que se ponen en riesgo al luchar por mantener la limpieza de nuestra agua y nuestro medioambiente para las generaciones por venir. Se muestran dispuestos a enfrentar las gigantescas corporaciones multinacionales al educar al público sobre la devastación que hacen. Sonrío con esperanza cuando pienso en ellas y ellos. No temen a nada y están ahí para decir la verdad a cualquier persona dispuesta a escuchar. También recordamos a nuestros hermanos y hermanas de Bolivia que se levantan en apoyo al primer presidente indígena Evo Morales. Su compromiso con el pueblo, la tierra, los recursos y la protección contra la corrupción es admirable. Saludamos esta lucha y nos identificamos con ella.Quisiera agradecer a todas las personas dispuestas a mantener una mentalidad abierta, a las que aceptan la responsabilidad de planear para siete generaciones por delante, a las que recuerdan los sacrificios hechos por nuestros antepasados para que podamos seguir hablando nuestro propio idioma y mostrar gratitud a nuestra manera en nuestra piel. Si algunos de ustedes dan las gracias por tener suficiente comida para alimentar a sus familias, les pido que aporten algo a las personas no tan afortunadas. Si se mantienen calientitos y viven en un lugar cómodo, por favor pasen algo a la gente sin techo que tenga frío. Si ves a alguien que sufra dolor y necesite una palabra de apoyo, échale la mano. Y en especial, cuando vean la injusticia en cualquier lugar, sean suficientemente valientes para alzar la voz y enfrentarla.Quiero agradecer a todos ustedes que amablemente me recuerdan a mí y a mi familia en sus oraciones. Gracias por seguir apoyando y creyendo en mí. No hay un minuto en un día que pase sin que yo espere que éste sea el día cuando se me otorgue la libertad. Añoro el día en que pueda oler el aire fresco y limpio, cuando pueda sentir una suave brisa en mi cabello, cuando sea testigo del movimiento de las nubes ocultando el sol y cuando la luna ilumina el camino hacia el sagrado Inipi. Esto realmente sería un día que pudiera llamar un día de Acción de Gracias.Gracias por escuchar. Mi espíritu está ahí con ustedes.Doksha.En el Espíritu del Caballo Loco, han estado escuchando las palabras de Leonard Peltier.Ha sido mi placer compartirlas con ustedes. Soy Mumia Abu-Jamal.FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this Por Leonard Peltier, via Prison RadioMensaje del preso político Leonard Peltier en el Día de Acción de Gracias. También saluda a los hermanos y hermanas de Bolivia que se levantan en apoyo al primer presidente indígena Evo Morales. Leído por Mumia Abu-Jamal, desde la nación encarcelada. Traducción: [email protected] de Mumia, México.
SHARE Home Indiana Agriculture News USDA’s January Reports Prove To Be Market-Movers for Grains Previous articleIndiana Farm Bureau Welcomes New District Leaders for 2021Next articleIndiana Annual Crop Summary Ashley Davenport Facebook Twitter Facebook Twitter History has proven that USDA’s January data dump has moved markets, and the grain markets certainly received a bullish surprise.USDA released 11 reports in the 12 o’clock hour on Tuesday.Highlights:CornAverage yield: 172.0 bpaProduction estimate: 14.182 million bushels, down 324 millionAcres planted in 2020: 90,819,000Acres harvested in 2020: 82,467,000SoybeansAverage yield: 50.2 bpaProduction estimate: 4.135 billion bushels, down 35 millionAcres planted in 2020: 89,084,000Acres harvested in 2020: 82,318,000WheatAverage yield: 49.7 bpa all wheatPlanted area estimate: 32.0 million acres which is the fourth lowest on recordWinter wheat area seeded 2021: 31,991,000HRW seeded area estimate: 22.3 million acresSRW seeded area estimate: 6.23 million acresWhite winter wheat seeded area estimate: 3.48 million acresTo view all the reports, click here. USDA’s January Reports Prove To Be Market-Movers for Grains By Ashley Davenport – Jan 12, 2021 SHARE
United StatesAmericas Follow the news on United States June 7, 2021 Find out more News Facebook’s Oversight Board is just a stopgap, regulation urgently needed, RSF says Reporters Without Borders is deeply troubled by a recent gag order placed on American investigative journalist Barrett Brown and his defense team, as he faces prosecution for charges related to his work.Brown, 32, who has written for The Guardian, Huffington Post and Vanity Fair, wasinvestigating links between the government and the private intelligence industry atthe time of his arrest. He faces charges of obstruction, making threats, conspiracy, retaliation against a law enforcement official and disseminating stolen information. If convicted he could face up to 105 years in prison.The gag order, issued by the Northern District Court of Texas in Dallas, bars Brown and his legal counsel from making any statements to the media regarding his prosecution.Such an order aimed at stifling public debate and might compromise coverage of Brown’s trial, a trial that has obvious repercussions for investigative journalism. However it seems that restrictions on this trial have in fact increased public support and attention. The gag order would unnecessarily restrict Barrett Brown’s First Amendment rights, in addition to restricting the public’s right to information about the trial.Brown was arrested during a heavily armed raid on his home by the Federal Bureau of Investigation (FBI) on September 12, 2012. He has remained in custody ever since, having been denied bail. The main charge Brown faces, and the most troubling for journalists, is for disseminating stolen information relating to internal emails from the private intelligence firm Stratfor, which were hacked by a third party. Brown faces prosecution for posting an already public URL link to the leaked Stratfor emails, which contained credit card information, in a chat forum. Critics have argued that linking to information, a now common journalistic practice, is protected by the First Amendment and that any such prosecution will have a chilling effect on internet journalism and new media.His trial is set to begin in late April 2014.While the DOJ has gone after whistleblowers such as Edward Snowden and Bradley Manning, officials have tried to say that the Federal Government would not prosecute the journalists who work with them. In response to the firestorm of criticism he received after the DOJ targeted the Associate Press and Fox News reporter James Rosen, Attorney General Eric Holder said in June, “The Department has not prosecuted, and as long as I’m attorney general, will not prosecute any reporter for doing his or her job.” Then what about Brown? WhatsApp blocks accounts of at least seven Gaza Strip journalists Help by sharing this information RSF_en News Organisation News September 17, 2013 – Updated on January 20, 2016 Investigative journalist gagged from speaking about his trial United StatesAmericas Receive email alerts News June 3, 2021 Find out more NSO Group hasn’t kept its promises on human rights, RSF and other NGOs say to go further April 28, 2021 Find out more
ColumnsNAFED Case On Unenforceable Foreign Award: The Unanswered Questions Ashish Kabra & Anindita Mitra5 May 2020 4:19 AMShare This – xOn April 22, 2020, the Supreme Court of India in its ruling in National Agriculture CooperativeMarketing Federation of India v. Alimenta S.A, in a rarest of rare circumstance, rejected the enforcement of a 30 year old foreign award. The foreign arbitral award arose out of a dispute pertaining to an agreement between the parties for the export of 5,000 tonnes of Indian HPS…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?LoginOn April 22, 2020, the Supreme Court of India in its ruling in National Agriculture CooperativeMarketing Federation of India v. Alimenta S.A, in a rarest of rare circumstance, rejected the enforcement of a 30 year old foreign award. The foreign arbitral award arose out of a dispute pertaining to an agreement between the parties for the export of 5,000 tonnes of Indian HPS groundnut for the season 1979-80. However, due to the damage caused to the crop by a cyclone in the Saurashtra region, NAFED could only ship 1900 metric tones for that season. Pursuant to certain further addendums between the parties, it was decided that the balance 3100 metric tonnes would be exported in the 1980-81 season. However, export of groundnut in the 1980-81 season by NAFED required government approval which was subsequently refused. Aggrieved by the failure of NAFED to supply the groundnut, Alimenta commenced arbitration proceedings against NAFED under the Rules of Arbitration and Appeal of the Federation of Oil, Seeds and Fats Associations Limited (FOSFA), London and in 1990 received a favourable award for damages. Thereafter enforcement proceeding commenced before the Delhi High Court which ultimately concluded with this judgment of the Supreme Court refusing to enforce the award in India. The judgment of the Supreme Court raises several issues which appear to be unanswered. Why was Indian law applied to interpret a contract governed by English Law? The Supreme Court judgment sets out the domicile clause of the agreement which clearly stipulates that the construction, validity, and performance thereof shall be governed in all respect by English Law. Another clause of the agreement stipulates that if the exports were prohibited by an executive order or by law, the agreement would be treated as cancelled. The Supreme Court in its judgments proceeds to analyse the correspondence between the parties and in establishing the purport and impact of this clause applies the Indian contract law and holds that the agreement was void under Section 32 of the Indian Contract Act. The applicability of Section 32 of the Indian Contract Act to the Agreement between the parties without any explanation qua same or the position in English Law leaves certain legal crevices and is difficult to overlook. Does the judgment amount to a review on merits? It is now well-established that the courts should refrain from going into the merits of the award at the enforcement stage. The Arbitral Tribunal upon review of the evidence had found that: NAFED induced Alimenta into agreeing to an addendum, at the time when NAFED was clearly in default of its obligations under the original contract and knew or should have known that the earlier sales could not be carried forward. NAFED itself had proposed to the government that a restriction be placed on the contract in order to obtain a higher price from Alimenta and this constituted a self-induced frustration which NAFED could not rely upon. The Supreme Court, applying Indian law, instead of English law, held that concept of frustration (Section 56 of the Indian Contract Act, 1882) is not attracted as there is an express clause in the contract requiring its cancellation in case export is prohibited due to government orders. It then, applying Section 32, went on to hold that the contract became void upon Government’s refusal to allow the export. This effectively amounts to overturning the Tribunal’s factual findings on the inducement to enter into the addendum and the self-induced frustration. The entire exercise that the Supreme Court under went in determining that the agreement was void, does reveal a flavour of having reviewed the merits of the dispute before it. Why does a violation of Export Control Order amount to violation of fundamental policy of Indian law? The Supreme Court in its judgment refers to a government letter restraining NAFED from supplying the balance units of groundnut due to (a) price of groundnut having increased significantly in comparison to the contracted price which was much lower and (b) also the fact that NAFED could not carry forward the previous years’ commitment to the subsequent year due to export of commodities was restricted under a quota system as per the Export Control Order. Given this conspectus, the Supreme Court holds that Enforcement of such an award in violation of export policy and the Government order would be against the public policy as envisaged in section 7 of the Act of 1961. Whilst discussing the scope and interpretation of the expression ‘public policy’, the Supreme Court duly traces the law from the landmark Renusagar Case to the Ssanyong case. These cases state that mere contravention of law would not attract the bar of public policy and that the link between the statute contravened and the public interest or public policy of the state has to be shown. Further, the Supreme Court did not refer to its recent ruling in Vijay Karia v. Prysmian Cavi E Sistemi Srl.. In the Vijay Karia case it has been held that the fundamental policy of Indian law, as expounded in Renusagar, must amount to a breach of some legal principle or legislation which is so basic to Indian law that it is not susceptible of being compromised. “Fundamental Policy” refers to the core values of India’s public policy as a nation, which may find expression not only in statutes but also time-honoured, hallowed principles which are followed by the Courts. In this background, one can’t help but notice that the judgment is silent and lacks any discussion on why the Export Control Order and the government’s refusal to permit the export amounted to Fundamental Policy of Indian law. Conclusion There are certain aspects about the award which do seem concerning as rightly pointed out by the court, such as the arbitrator in the first tier arbitration, appearing as a counsel when the award was appealed under FOSFA Rules. However, in terms of analysing the impact that the NAFED judgment may have on the future of the foreign award enforcement regime, it seems that it ought to be treated more of an exception rather than the rule. Given that the judgment of the Supreme Court in NAFED does not dwell into the law laid down in Vijay Karia, the position of law laid down by Karia remains unchanged. One may of course rake up the issue of Karia laying down law only with respect to Section 48 of the Arbitration and Concilliation Act, 1996. However, the Supreme Court makes this position clear in its judgment in Shri Lal Mahal Limited v. Progetto Grano Spa, which relying on Renusagar clearly holds that that the expression “public policy of India” in section 48 (2)(b) has the same import as that of expression “public policy” in section 7(1)(b)(ii) of the Foreign Awards Act. Therefore, an important consequence that the foreign award enforcement regime in India may have to deal with is the possible dichotomy now created by the judgment in NAFED.Views Are Personal Next Story
News UpdatesGauhati High Court Seeks State’s Response On PIL Filed By All Assam Transgender Association Alleging Inadequate Funding For The Community LIVELAW NEWS NETWORK6 April 2021 1:01 AMShare This – xThe Gauhati High Court has sought response from the Assam Government on a petition alleging failure of the state authorities to maintain shelter homes for the transgender community. A Division Bench of Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak has directed the Additional Senior Government Advocate to seek instructions in the matter and by April 8, 2021. The…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?LoginThe Gauhati High Court has sought response from the Assam Government on a petition alleging failure of the state authorities to maintain shelter homes for the transgender community. A Division Bench of Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak has directed the Additional Senior Government Advocate to seek instructions in the matter and by April 8, 2021. The order is passed on a PIL field by the All Assam Transgender Association, stating that the funds for the year financial 2020-2021 to be released for the welfare of the transgender community in Assam were not released in proper time and, therefore, the same has lapsed with the end of the financial year. The Association apprehends that shelter homes which were being run through such funds will be now starving for fund and their very existence is under threat. During the hearing, state counsel TC Chutia assured the Bench that he shall get instructions in the matter as early as possible. He further assured the Court that no action shall be taken by the Government to close down any of the shelter homes for the Transgender community, etc. The matter is now fixed for April 8, 2021. Last week, the same Bench of the High Court had asked the Assam Government if it has proposed any scheme to look after the health issues of the members of the Transgender community. Case Title: All Assam Transgender Association v. State of Assam & Ors. Click Here To Download OrderRead OrderNext Story
Manchester based Build to Rent (BtR) and property management company, Ascend, has announced a record 2019, with continued growth in turnover and its management portfolio.The company achieved a turnover of £3.4million in 2019, which represents a 30% year-on-year increase.Ascend also bolstered its BtR partnerships, bringing the total number of units under management to 4,000 and is in the process of finalising partnerships with institutions regarding even larger BtR contracts that will be brought on board in 2020.To support this growth, staffing across offices in Manchester, Salford, Liverpool, Leeds and London has increased to 85 employees, a 77% uplift.Ged McPartlin, Managing Director, said, “Now we can reflect on 2019, it’s been an amazing year, cementing our position as a major Build to Rent player in the North and across the Midlands.“We owe our success to the great team we have developed at Ascend. Their continued hard work, professionalism and expertise in the sector is the core of what we do. We have even bigger Build To Rent contracts on the horizon, presenting more opportunities to grow our offering for the business and investors.”Ascend Ged McPartlin BTR build-to-rent March 4, 2020Jenny van BredaWhat’s your opinion? Cancel replyYou must be logged in to post a comment.Please note: This is a site for professional discussion. Comments will carry your full name and company.This site uses Akismet to reduce spam. Learn how your comment data is processed.Related articles BREAKING: Evictions paperwork must now include ‘breathing space’ scheme details30th April 2021 City dwellers most satisfied with where they live30th April 2021 Hong Kong remains most expensive city to rent with London in 4th place30th April 2021 Home » News » Agencies & People » Strong growth at Ascend signals record 2019 previous nextAgencies & PeopleStrong growth at Ascend signals record 2019The Negotiator4th March 2020093 Views
Pinterest Indiana State Prison offenders make masks, deep clean amid pandemic Previous articleNew Michigan grants, loans available to small businesses and entrepreneursNext articleNotre Dame Stadium not likely at full capacity for 2020 season Brooklyne Beatty Facebook Pinterest CoronavirusIndianaLocalNews Facebook WhatsApp Google+ Google+ By Brooklyne Beatty – May 13, 2020 1 390 Twitter (Photo Supplied/Indiana State Prison) The Indiana State Prison is taking several precautions to avoid the spread of coronavirus at the facility.In a release sent Tuesday, the prison detailed the many protocols in place to protect the well-being of both employees and offenders.Currently, all staff must:Wear a face mask;Practice social distancing;Pass a symptom screening questionnaire;Pass a temperature check.There are also signs at the front entrance reminding staff, “If sick, stay home,” and signs throughout the facility reminding everyone to wash their hands, cough into their elbows and maintain 6-foot social distancing.In an effort to help, offenders have been making masks for both staff and offenders to wear. Currently, masks have been distributed to every staff member and offender on grounds. In a few short weeks, offender seamstresses have made more than 4,000 masks.The prison has also established sanitation crews, which have pressure washed all of the housing units with bleach water, scrubbed all common areas and continue to disinfect daily.Daily temperature and symptom screenings are being conducted on quarantined housing units, as well as on offenders who are over 65 years of age. A designated isolation area has been set up for offenders who are symptomatic. TAGScoronavirusCOVID-19face masksindiana state prisonmasksoffenderspandemicprotocols WhatsApp Twitter