Force Majeure in Commercial Contracts

CMR University Student Law Review (Online)

The Centre for Alternate Dispute Resolution of School of Legal Studies, CMR University was established with the aim to disseminate knowledge in areas of alternate dispute resolution mechanism to the students.

 

The CMR University School of Legal Studies Journal on “Dispute Settlement and Arbitration” is a first of its kind E-Journal started by CMR University

 

The Journal has been brought out under the Centre for Alternate Dispute Resolution of CMR University School of Legal Studies.

 

Most of the contributors are our students who intend to make a career in law in future. Since the University has an onerous responsibility, the School of Legal Studies has been encouraging the students in this sphere.I thank all the contributors and others who have helped us in achieving this objective.

 

The publication provides useful insights on Alternate Dispute Resolution which are based on well researched material by the students.

 

We are privileged and honoured to bring it to the attention of the public that we are releasing the E-Journal at a time when Arbitration and other methods of alternate dispute resolution is gaining momentum at a rapid pace. The E-Journal is based on current trends in the areas of ADR and has long articles, short articles and commentaries which provide diverse information on this subject.

 

We are glad to inform that a large number of articles have been received from students across all courses and sections. We indeed had a tough time in choosing the best of the best based on relevant parameters. We hope that this edition of the E-Journal will be an enriching experience for the reader. We are deeply indebted to all the contributors and the stakeholders who have been instrumental in achieving this milestone.

 

As always, The Management of CMR University has supported us immensely in all possible ways for which we are indeed grateful.

 

Prof. (Dr.). Subramanya T.R

Dean

School of Legal Studies

CMR University

Editorial Advisory Board (Academia)

Prof. (Dr.) V.G. Hegde

Professor & Chairperson, Centre for International Legal Studies, School of International Studies, Jawaharlal Nehru University.

Prof. (Dr.) G.B. Reddy

Professor of Law,
Chair Professor, DPIIR-IPR Chair,
Osmania University, Hyderabad.

Prof. (Dr.) Sairam Bhat

Professor & Centre Coordinator,
Centre for Environmental Law Education, Research and Advocacy,
National Law School of India University, Bengaluru.

Editorial Advisory Board (Industry)

Shri Mohan Katarki

Senior Advocate,
Supreme Court of India, New Delhi.

Ms. Anita Shenoy

Senior Advocate,
Supreme Court of India, New Delhi.

Mr. Srikanth Katti

General Counsel, Merck Group, DSCI Certified Privacy Professional.

Mr. Prateek Lala

Partner
Trilegal, Bengaluru.

EDITOR IN CHIEF

Prof. (Dr). T.R. Subramanya

Dean, School of Legal Studies, CMR University. Former Vice-Chancellor, Karnataka State Law University, Hubballi

Editorial Advisory Board (Internal)

Prof. (Dr.) VJ Praneshwaran

Director, School of Legal Studies, CMR University.

Dr. Chanjana Elsa Philip

Associate Professor, School of Legal Studies, CMR University.

Mr. Sreenidhi KR

Assistant Professor, School of Legal Studies, CMR University.

Ms. Arzoo Chaudhary

Assistant Professor, School of Legal Studies, CMR University.

Student Editors

Ms. A. Aishwarya

Student, School of Legal Studies, CMR University.

Ms. Aathira A. Mannath

Student, School of Legal Studies, CMR University.

Ms. Vibha B. Nair

Student, School of Legal Studies, CMR University.

Mr. Yusuf Khalid Meccai

Student, School of Legal Studies, CMR University.

Name: Prof.(Dr). Subramanya T.R

Address: CMR University School of Legal Studies No 5 Bhuvanagiri OMBR Layout, Bangalore. Karnataka 560043

Phone No:+919483670577

Email: Subramanya.tr@cmr.edu.in

 

Prof.(Dr). Subramanya T.R is currently serving as the Dean of CMR University School of Legal Studies (w.e.f 4-4-2018), Bengaluru after serving as Coordinator & Research Fellow at the Centre for Regulatory Studies, Governance and Public Policy (CRSGPP) in The West Bengal National University of Juridical Sciences,

Kolkata (2016-2018). Prior to this, he was the Vice Chancellor of Karnataka State Law University, Hubballi (2013-2015). He has also been the Professor of International Law at West Bengal National University of Juridical Sciences; Vice-Chancellor (in-charge), Bangalore University; Dean and Chairman of the Faculty of Law, Bangalore University (2008-2010); Registrar (Evaluation) (2010-2012) and Registrar (in-charge) Administration of Bangalore University (2009). He has also served as the honorary member of the Karnataka State Law Commission. In the international level, Prof. Subramanya has served as Legal Counsellor to the Kingdom of Bahrain for over 7 years. In this capacity, he acquired considerable knowledge of the laws and legal systems of the Gulf Co-operation Council (GCC) States and in the practical application of international law at the municipal level.

As a student, Prof. Subramanya has had a distinguished academic career throughout. Having pursued M.A. (History) and LL. B with First Class and securing the first rank in his LL.M from the University of Mysore, he went on to secure an M.Phil. And Ph.D. Degree in International Law from the School of International Studies, Jawaharlal Nehru University, New Delhi (1993). Apart from the innumerable papers published in a variety of National and Internationally renowned Journals, Dr. Subramanya initially published a book entitled ‘The Rights and Status of the Individual in International Law’ (1984) and edited another on ‘Human Rights in International Law’ (1986). His most recent book released in 2021 on ‘Hazardous Substances in India and the World: Legislations, Frameworks and Management’ is published by Routledge, United Kingdom and was released in UK, Western Europe, Australia and US in May, 2021. The book will be released in India in August, 2021.

Name: Dr. V.J. Praneshwaran

Address: CMR University School of Legal Studies No 5 Bhuvanagiri OMBR Layout, Bangalore. Karnataka 560043

Mobile: 7204447330

E.Mail: praneshwaran.vj@cmr.edu.in

 

Dr. V J Praneshwaran: Born to be an educationist graduated in Law and then LL.M. in Constitutional Law, Phd in Law from Bangalore University. After obtaining significant experience in practicing law, he decided to pursue his passion in teaching. With Core experience in practicing Law, Client Counseling and Teaching, his lustrous experience spans over 23years. He is currently serving as Director, CMR University School of Legal Studies He in the capacity of Director continues to inspire teachers, staff and students. His Battery of students are spread across various careers and social fabric of India and abroad.

 

A die hard nationalist, always trying to contribute to nation Building by imparting, organizing and encouraging Legal Literacy, Education and Legal Awareness initiatives at various levels.

 

His Phd. Thesis titled “A Study of Laws Relating to Armed Forces and the Protection of Human Rights in India” reflects his understanding the need for equality treatment and respect for human rights in disciplined organizations like the Indian Armed Forces.

 

Legal Aid Trust considers it a privilege to have Dr. V J Praneshwaran as a Patron of the Trust. His experience, vision and contribution will elevate the activities of the Trust to the next level.

Name: Sreenidhi K.R

Address: CMR University School of Legal Studies No 5 Bhuvanagiri OMBR Layout, Bangalore. Karnataka 560043

Mobile: 9845436878

E.Mail: sreenidhi.k@cmr.edu.in

 

Mr. Sreenidhi KR, B.A.L., LL.B, LL.M & UGC-NET qualified, has been with the CMRU School of Legal Studies since 2007. A graduate of the integrated five-year law programme he graduated in the year 2003. He completed his Masters in Law (LLM), specializing in Intellectual Property Law & Cyber Laws. During his time as a student of law he was an avid mooter, debater and a voracious reader.

Before joining CMR Law School he has practiced law as an Advocate and Consultant at Lexparle, a Bangalore based law firm. During his time with the firm, he was responsible for conducting legal research in litigation matters and appearing in various forums including the High Court of Karnataka, the State & District Consumer forums, the Debt Recovery Tribunal, and various other administrative forums. During this time he has also taught Constitutional Law as a visiting faculty at ICFAI Law School.

He has organized and conducted various workshops and seminars in several colleges throughout the state of Karnataka besides having delivered guest lectures on specialised topics at several top institutions including lectures delivered during officers’ training programmes at the National law School of India University, Bangalore. He also has several publications to his credit.

At CMR Law School, he has been involved in various academic, administrative and co-curricular activities. He has coached students to participate in Moot Court, MUN, Model Parliament and Debate competitions, besides having been the organizing secretary for the CMR International Law Conference and the CMR National Law Seminar. He has been the faculty coordinator for Loquitor, the school’s Debate and MUN club from the past eight years.

He has been teaching subjects like Constitutional Philosophy, Constitutional Interpretation, Legal Philosophy & Theory of Justice and Jurisprudence at both the undergraduate and postgraduate levels.

Name: Advocate Vidya Selvamony

Address: CMR University School of Legal Studies No 5 Bhuvanagiri OMBR Layout, Bangalore. Karnataka 560043

Mobile: 9448276715

Email: Vidya.se@cmr.edu.in

 

Advocate Vidya Selvamony is a visiting faculty in CMR School of Legal Studies (w.e.f. June 2017), alongside doing part time in Terre des hommes Germany – India Programme, as Programme Co-ordinator. She has her own Trust going by the name of Legal Aid Trust, which was established in 2013 as a part of her philanthropy activity, where she is an Advocate and a Managing Trustee. Before this, she was the Programme Co-ordinator at Equitable Tourism Options (EQUATIONS) from Feb 2004 to May 2013. She worked as a Legal Research Associate (Nov 2001 – Jan 2004) for Nagarika Seva Trust and even before that, she was an Advocate in Thiru&Thiru Associates (Advocates &Solicitors)  from Aug 2000 to Oct 2001.

She started off her academics in law by completing Bachelor of Arts (Law) from University of Bangalore, after which she did her B.A. in LLB from the same university. She obtained her LL. M, Master of Law (Corporate Law) from Annamalai University and is currently pursuing a PHD in Law from CMRU.

She has made several contributions in her career, from being a member of the drafting committees for “Protection of children from sexual offences Bill”, “Information Technology Amendment Act”, “Model Street Vendors Bill” to working in domestic & international NGOs. She has authored and published over twelve documents, initiated several campaigns such as “Offences against Children Bill”, given more than forty-five print and media interviews at the international, national, state and local level on the issue of child protection.

She has had international exposure by participating, presenting papers and giving speeches in countries like Nepal, Brazil, Germany, Paris and Luxembourg.