All research articles published INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

[1] MOHAN, S. Chandra. Cross-border Insolvency Problems: Is the UNCITRAL Model Law the Answer?. (2012). International Insolvency Review. 21, (3), 199-223. Research Collection School Of Law. Available at: https://ink.library.smu.edu.sg/sol_research/1145

[2] MOHAN, S. Chandra. Cross-border Insolvency Problems: Is the UNCITRAL Model Law the Answer?. (2012). International Insolvency Review. 21, (3), 199-223. Research Collection School Of Law. Available at: https://ink.library.smu.edu.sg/sol_research/1145

[4] MOHAN, S. Chandra. Cross-border Insolvency Problems: Is the UNCITRAL Model Law the Answer?. (2012). International Insolvency Review. 21, (3), 199-223. Research Collection School Of Law. Available at: https://ink.library.smu.edu.sg/sol_research/1145

[6] UNCITRAL was established by General Assembly Resolution in 1966 and consists of 36 member states. In addition a number of observer states and governmental and private international bodies were present at its meetings.

[7] Report on UNCITRAL-INSOL Judicial Colloquium on Cross-Border Insolvency, U.N. GAOR, 28th Session. Note by the Secretariat 1 10, U.N. Doc. A/CN.9/413 (1995) [hereinafter ‘Secretariat Insolvency Report’]

[8] Jenny Clift, in the Foreword to the 1st edition of Look Chan Ho (Ed.), Cross-Border Insolvency : A Commentary on the UNCITRAL Model Law, (Global Business Publishing Ltd : 2006, UK). The writer was a member of the working group and participated in its deliberations on behalf of Singapore.

[9] Report of the Working Group on its work at its 21st Session (New York, 20-31 January 1997) A/CN.9/435, paragraph 16. The Working Group’s report noted at paragraph 14 that it “did not have time to review the draft articles that had been prepared pursuant to its consideration”. It had expected to return for a final session in October 1997 to complete its report, but that was not to be as the incomplete draft was adopted by UNCITRAL in May 1997. The recollection of Berends, the Netherlands representative on the Working Group, appears to be different from mine. According to him the Working Group decided to present its incomplete report to UNCITRAL “hoping the draft would be finished by the time the Commission met” : Andre J. Berends, “The UNCITRAL Model Law on Cross Border Insolvency: A comprehensive review”, 6 Tulane Journal of International Comparative Law (1998) 309 at 318. This is not supported by the Report of the Working Group as indicated above. However, it seemed to have been accepted by delegates at the UNCITRAL’s 30th Session in May 1997 that the US was the prime mover in getting the incomplete model law speedily adopted by UNCITRAL. However, the US itself did not adopt the model law until 2005, some eight years later.

[11] Published in the UN official languages of Arabic, Chinese, English, French, Russian and Spanish. There is abundant literature on the Model Law. See for example Andre J Brends, (n 17); Look Chan Ho (ed.), Cross-Border Insolvency : A Commentary on the UNCITRAL Model Law, (Global Business Publishing Ltd : 4th edn., 2012); John A.E.Pottow, (n 8);Jenny Clift (n 28).

[12] See the UNCITRAL website at http://www.uncitral.org/uncitral/en/uncitral_texts/insolvency/1997Model.html.

[13] 72 Plenary Meeting on 15 December 1997, item Agenda 57, available at http://daccess-dds- ny.un.org/doc/UNDOC/GEN/N98/764/77/PDF/N9876477.pdf?OpenElement (accessed on 15 May 2012).

[14] See http://www.iiiglobal.org/component/jdownloads/viewdownload/636/5231.html.

[15] Bob Wessels, Bruce A Markell and Jason J. Kilborn, International Cooperation in Bankruptcy and Insolvency Matters (Oxford University Press 2009), para 8.2.1.4, page 250.

[16] Paragraphs 60-61, UNCITRAL’s Guide to the Enactment of the Model Law 1997 available at http://www.uncitral.org/pdf/english/texts/insolven/insolvency-e.pdf (accessed on 16 May 2012). UNCITRAL accepted that for these reasons, “the insolvency of such types of entities is in many States administered under a special regulatory regime” which the Model Law should respect.

[17] Para 76, UNCITRAL’s Guide to the Enactment of the Model Law 1997 available at http://www.uncitral.org/pdf/english/texts/insolven/insolvency-e.pdf (accessed on 16 May 2012).

[18] Para 86, ibid. Para 87 of the Guide gives a more detailed explanation : “In some States the expression "public policy" may be given a broad meaning in that it might relate in principle to any mandatory rule of national law. In many States, however, the public policy exception is construed as being restricted to fundamental principles of law, in particular constitutional guarantees; in those States, public policy would only be used to refuse the application of foreign law, or the recognition of a foreign judicial decision or arbitral award, when that would contravene those fundamental principles.

[19] The states are Eritrea (1998), Japan, Mexico, South Africa(2000), Montenegro (2002), Poland, Romania (2003), Serbia(2004), British Virgin Islands, United States of America (2005), United Kingdom, Korea, Colombia, New Zealand (2006), Slovenia (2007), Australia (2008), Mauritius, Canada (2009) and Greece (2010).

[20] The Working Group had indicated that its work was incomplete and that it needed more time to finalise its report : Report of the Working Group on its work at its 21st Session (New York,20-31 January 1997) A/CN.9/435. See also comment in footnote 17, ibid.

[21] Resolution of the General Assembly at its 65th Plenary Meeting.

[22] The New Zealand Law Commission’s expectation that New Zealand’s trading partners would for this reason adopt the Model Law proved wrong : New Zealand Law Commission Report on Cross-Border Insolvency”, Report 52 (February 1999), para 98 and 113, available at www.nzlii.org/nz/other/nzlc/report/R52/R52-Select.html.

[23] Professor Fletcher had hoped that a an early example set by a critical mass of commercially important states might provide some sort of “moral leadership in setting global standards” in cross border assistance : Ian Fletcher (n38) 486-487.

[24] China is unlikely to join the band as it has already enacted a new Enterprise Law 2007 which makes no mention of the Model Law. Article 5 permits the recognition and enforcement of foreign insolvency proceedings but on the basis of reciprocity.

[25] The fact that a State may choose to enact as much or as little as it wants to, might be viewed as an “Archilles’ heel” of this attempt at international harmonization” : Ian Fletcher, Insolvency in Private International Law, (2nd ed., OUP 2005), paragraph 8.73,486.

[26] Guide to the Enactment, paragraphs 12 and 21.

[27] Considered but rejected by the New Zealand Law Commission on the ground that this would act as a disincentive to foreign investment : The New Zealand Law Commission Report (n 71) para 104-105. See also Bob Wessels, Bruce A Markell and Jason J.Kilborn, International Cooperation in Bankruptcy Matters, (OUP 2009) 250.

[28] Sean Hagan in the Foreward to Rosa M Lastra, Cross-Border Bank Insolvency, (Oxford University Press 2011).

[29] Information in this part was obtained from an exhaustive survey that was done of cross-frontier recognition of foreign proceedings and practitioners in a large number of countries : Neil Cooper and Rebecca Jarvis, Recognition and Enforcement of Cross-Border Insolvency : A Guide to International Practice (John Wiley & Sons Ltd 1996). Since the survey, the law in some of the countries referred to above may have been changed because of new statutes, regulations and conventions. Further useful information is also available in Ian F. Fletcher (ed), Cross-Border Insolvency : Comparative Dimensions (The Aberystwyth Insolvency Papers),UK National Committee of Comparative Law (1990); Otto Eduardo Fonseca Lobo (ed). World Insolvency Systems : A Comparative Study, (Thomson Reuters Canada 2009).

[30] For example, that there was a final order made by a court of competent jurisdiction and the order is applicable to assets in the State: India, South Africa.

[31] Such as Israel, Nigeria, South Africa and Spain.

[32] As in Australia, Singapore, Malaysia, Jersey , Ireland ,Channel Islands, England, Isle of Man, Northern Ireland, Scotland.

[34] Also known as the Organisation for the Harmonization of Business Law in Africa (OHBLA), The 16 signatories are Benin, Burkina Faso, Cameroon, the Central African Republic, the Comoros, Congo-Brazzaville, Cote d'Ivoire, Gabon, Guinea, Guinea Bissau, Equatorial Guinea, Mali, Niger, Senegal, Chad and Togo. It came into force in 1995. Under the treaty several Uniform Acts have been enacted in respect of general commercial law, debt collection, bankruptcy (which came into effect in 1999),and secured transactions. OHADA thus seeks to provide for the development of a rational and harmonized legal system throughout the OHADA region. For further information on the OHADA treaty see http://www.jurisint.org/ohada/pres/pres.00.en.html; Sharif A. Touray, “The OHADA Treaty: Recent Developments Will Spur African Investment and Project Financings” available at http://library.findlaw.com/1999/Jul/1/130357.html (accessed on 17 September 2011); Bob Wessels, Cross-Border Insolvency Law, (n 111) 52-53, Annex 30; Joanna A. Owusu-Ansah, “The OHADA Treaty In The Context of International Insolvency Law Developments”, http://www.iiiglobal.org/component/jdownloads/viewdownload/398/1555.html

[35] A useful compilation of some 35 of these can be found in Bob Wessels, Cross-Border Insolvency Law : International Instruments and Commentary, (Kluwer Law International BV 2007).

[36] Organisations such as the Asian Development Bank, the World Bank, the IMF, the European Bank for Reconstruction and Development, UNCITRAL, UNIDROIT, the American Law Institute and IBA. The appearance of such bodies as UNCITRAL, INSOL, ALI, IBA and IMF has made it a global effort.

[37] Bob Wessels and Ian Fletcher, Global Principles for Cooperation in International Insolvency Cases (iiiglobal.org). http://www.iiiglobal.org/component/jdownloads/viewdownload/36/5303.html.

[38] Bob Wessels and Ian Fletcher, Global Principles for Cooperation in International Insolvency Cases (iiiglobal.org). http://www.iiiglobal.org/component/jdownloads/viewdownload/36/5303.html. These include the American Law Institute’s Principles of Cooperation among the NAFTA Countries 2000 and its Guidelines Applicable to Court-to-Court Communications in Cross-Border Cases 2000,

[39] Keith D. Yamauchi, “Should Reciprocity be a Part of the UNCITRAL Model Cross-Border Insolvency Law”, (2003) 16 Int Insol Rev 145 at 166.

[40] Paul H Zumbro, “Cross-border Insolvencies and International Protocols – an Imperfect but Effective Tool”, (2010)11 Business Law International 158; Jamie Altman, “A Test Case in International Bankruptcy Protocols : The Lehman Brothers Insolvency”, (2011) 12 San Diego Int’l L.J. 463; Evan D Flashchen and Ronald J Silverman (n 136).

[41] As listed by the International Insolvency Institute on its website at http://www.iiiglobal.org/gsearch.html. UNCITRAL has also provided a list of 36 protocols : Draft UNCITRAL Notes on cooperation, communication and coordination in cross- border insolvency proceedings, 2009, A/CN.9/WG.V/WP.86.

[42] Cases are listed in the International Insolvency Institute website at http://www.iiiglobal.org/gsearch.html.

[43] Rosalind Mason, “Cross-Border Insolvency and Legal Trans nationalisation”, (2012) 21 International Insolvency Review 85 at 107.

[44] UNCITRAL in fact recommends the use of protocols (Model Law, Article 27). For more information on workouts and restructuring, see, for example, Jay Lawrence Westbrook, Charles D.Booth, Christoph G.Paulus & Harry Rajak, A Global View of Business Insolvency Systems, The World Bank, Washington DC, 2010, chapter 5.

[45] 26th Report on Insolvency laws which was submitted to law Minister in the year 1964

[46] Eradi Committee submitted its report to the Prime Minister on 31st August 2000

[1] Heise L, Pitanguy J, Germain A. Violence against Women: The Hidden Health Burden. Washington, DC: World Bank; 1994.

[2] Violence against Women. Geneva, Switzerland: World Health Organization; 1996. WHO document FRH/WHD/96.27

[3] Krug EG, Dalhberg LL, Mercy JA, Zwi AB, Lozano R. Sexual violence. In: World Report on Violence and Health. Geneva, Switzerland: World Health Organization; 2002:149–181

Moore M. Reproductive health and intimate partner violence. Int Fam Plann Perspect. 1999;31: 302–306, 312

[4] https://jir.mewaruniversity.org/wp-content/uploads/2021/03/Vol_1_issue_2_Apr_June_2013/21_Domestic%20Violence%20In%20India%20By%20Mr.%20Sudha%20Chaudhary.pdf-DOMESTIC VIOLENCE IN INDIA

[5] World Health Organization. “Violence against women prevalence estimates, 2018: global, regional and national prevalence estimates for intimate partner violence against women and global and regional prevalence estimates for non-partner sexual violence against women.”

[6] Declaration, Beijing. “Beijing Declaration and Platform for Action Fourth World Conference on Women.” Paragraph 112 (1995)

[7] Assembly, General. “Sustainable development goals.” SDGs Transform Our World 2030 (2015).

[8] World Health Organization. “Global plan of action to strengthen the role of the health system within a national multispectral response to address interpersonal violence, in particular against women and girls, and against children.” (2016).

[9] Women, U. N. “Turning promises into action.” Gender equality in the 2030 (2018).

[10] World Health Organization. Violence against women. No. WHO/FRH/WHD/97.8. World Health Organization, 1997.

[11] World Health Organization. “Devastatingly pervasive: 1 in 3 women globally experience violence.” New York (2021).

[12] “Whoever, being the husband or the relative of the husband of a women, subject such women to cruelty shall be punished with imprisonment for a term which may extent to three years and shall also be liable to fine.”

[13] Domestic Violence Research: What Have We Learned and Where Do We Go From Here? DOI: 10.1177/0886260504267755 J Interpers Violence 2005; 20; 448 Carla Smith Stover

[14] https://indiankanoon.org/docfragment/192421140/?formInput=live%20in%20relationship%20

[15] https://www.shadesofknife.in/- https://www.shadesofknife.in/indra-sarma-vs-v-k-v-sarma-on-26-november-2013/

[16] http://cja.gov.in/All%20Judgments/Relationship%20in%20nature%20of%20Marriage.pdf

[18] https://www.naaree.com/domestic-violence-helplines-india/

[20] https://www.womenslaw.org/about-abuse/safety-tips/domestic-violence-victims

http://journal.rums.ac.ir/article-1-1639-en.pdf

https://www.womenagainstabuse.org/education-resources/learn-about-abuse/types-of-domestic-violence

[21] Covid-19 and Domestic Violence: an Indirect Path to Social and Economic Crisis Amalesh ASharma1

Domestic violence in India

[22] Association between domestic violence and unintended pregnancies in India: Findings from the National Family Health Survey-2 data

[23] A Review of Domestic Violence against Women in India during Lockdown- https://www.ijicc.net/images/Vol_14/Iss_6/PUL015_Singh_2020_R.pdf

[24] G.S Score initiative / the culture of battering & the role of meditation in D.V Domestic Violence in India: Effects of Education JOHN SIMISTER AND JUDITH MAKOWIEC

[25] Effects of Individual and Proximate Educational Context on Intimate Partner Violence: A Population-Based Study of Women in India- https://ajph.aphapublications.org/doi/pdf/10.2105/AJPH.2007.113738

[26] https://www.government.nl/topics/domestic-violence/what-is-domestic-violence

[28] Elizabeth, V. (2000). Patterns and Trends of Domestic Violence in India: An Examination of Court Records, National Law School of India University, 2000.

PTI(2005). Two-third married Indian women victims of domestic violence: UN, October 13,2005 . See 2. National Family Health Survey. (NFHS-3)( 2005-06). Domestic Violence, Full report available at http://www.measuredhs.com/pubs/pdf/FRIND3/15Chapter15.pdf 3. Ganley, A.L., and Schecter, S. (1996). Domestic violence: A national curriculum for children’s protective services. San Francisco: Family Violence Prevention Fund.) 4. National Centre for victims of Crime. “Domestic Violence”

[29] https://blog.ipleaders.in/hiralal-p-harsora-ors-v-kusum-narottamdas-harsora-ors/

[31] https://www.juscorpus.com/sr-batra-v-taruna-batra/

[1] Ganapathy K. Neurosurgeon, Apollo Hospitals, Chennai, Telemedicine in India-the Apollo experience, Neurosurgery on the Web. 2001

[5] Telemedicine Healing Touch Through Space, Enabling Specialty Health Care to the Rural and Remote population of India, Publication of Indian Space Research Organisation by Publications and Public Relations Unit, ISRO Headquarters, Bangalore, February 2005

[6] Page no. 5, Telemedicine Healing Touch Through Space, Enabling Specialty Health Care to the Rural and Remote population of India, Publication of Indian Space Research Organisation by Publications and Public Relations Unit, ISRO Headquarters, Bangalore, February 2005

[7] Mexrich RS, DeMarco JK, Negin S, et al. Radiology on the information superhighway. Radiology. 1995;195(1):73–81

[8] Brown N. Telemedicine coming of age. TIE. 1996 Sep 28

[9] Grigsby B, Brown N. ATSP Report on US Telemedicine Activity: Portland; 1999 or Association of Telehealth Service Providers.

[10] Sood, S. P. (2002, October-November). India telemedicine venture seeks to improve care, increase access. Telemedicine Today , 2326.

[11] “News-India: Army hospitals to have telemedicine facilities,” Indo-Asian News Service, Jan. 3, 2003.

[12] Grigsby J, Schlenker RE, Kaehny MM, et al. Analytic framework for evaluation of telemedicine. Telemedicine J. 1995;1(1):31–39

[14] Vijay Pal Dalmia, Partner, Vaish Associates Advocates in its Article, India: Telemedicine in India- Legal Analysis published on 12 February, 2013. Accessed on 05.02.2017 at http://www.mondaq.com/india/x/221258/food+drugs+law/Telemedicine+In+IndiaLegal+Analysis

[15] Seema Jhingan, Partner, LexCounsel, in an article “India-Legal Position Concerning Telemedicine” dated 20, February, 2014, published at http://www.conventuslaw.com/archive/india-legal-position-concerning-telemedicine/ . Accessed on 06.02.2017.

[1] ‘The-Door-Left-Ajar-Evolution-of-Law-of-Torts-in.Pdf’ accessed 8 October 2022.

[4] ‘Development of the Law of Torts in India’ accessed 8 October 2022.

[5] legalpaathshala@gmail.com, ‘Development of Law of Torts | Origin of Tort Law’ (Legal PaathShala, 27 September 2021) accessed 8 October 2022.

[6] M.C. Mehta v. union of India AIR 1988 SC 1037

[7] articlesonlaw, ‘Causes for Slow Development of Law of Torts in India’ (ARTICLES ON LAW, 11 March 2019) accessed 15 October 2022.

[8] Shambhavi Sharan, 'Codification of Tort Law in India: Feasible or Impracticable?' (2021) 24 Supremo Amicus [955

[9] From the Newspaper, ‘Codification of Tort Law Is Essential’ (DAWN.COM, 29 September 2021) accessed 15 October 2022.

[10] Shambhavi Sharan, 'Codification of Tort Law in India: Feasible or Impracticable?' (2021) 24 Supremo Amicus [955

[11] ‘Time We Learnt From Mistakes. Time We Had A Codified Tort Law In India’ (https://www.outlookindia.com/, 14 February 2022) accessed 15 October 2022.

[12] Prachi Mangla, ‘The Need to Codify Law of Tort’ (2022) 10 International Journal for Research in Applied Science and Engineering Technology 2846.

[15] Henry R Zheng, ‘China’s New Civil Law’ (1986) 34 The American Journal of Comparative Law 669.

[16] Walter J Derenberg, ‘The Influence of the French Code Civil on the Modern Law of Unfair Competition’ (1955) 4 The American Journal of Comparative Law 1.

[17] Wolfgang Wiegand, ‘The Reception of American Law in Europe’ (1991) 39 The American Journal of Comparative Law 229.