You have entered an incorrect email address! Please enter your email address here Kyle Becker withstood a record turnout of voters on March 15th that saw his opponent Commissioner Bill Arrowsmith receive 4,489 votes – the most in Apopka history. Becker survived the election by posting 3,611 votes, outdistancing the third candidate for Seat #4 Young Kim who garnered 1,464 votes. Those two first-time candidates were able to keep Arrowsmith from reaching a majority. Becker faces Arrowsmith again today and will probably need to convert a percentage of Kim’s voters in order to pull off the upset.Candidate Feature – Kyle Becker Seat #4 challenger Kyle Becker is running against Commissioner Bill Arrowsmith today in the Seat #4 election.Kyle Becker is an action figure. He is a verb in a world full of nouns. Most politicians want to sit at a table, discuss differences, and hear their constituent’s viewpoints and dreams for the future. Becker would rather act.“We need to get past the noise and get to the root of the problem,” he said. “I want to get something done.”According to his campaign website, Becker spent the majority of the past 15 years as a senior level business analyst working primarily in the financial services industry. He works with key stakeholders for the organizations he serves to understand their business needs. He analyzes those needs and helps deliver solutions to drive growth and efficiency for that business. It is this skill set Becker achieved in this profession that he believes will make him a valuable asset on the Apopka City Commission.And his assessment of Apopka’s economic development sounds a lot like a business analyst.. And there’s just so much room for improvement. Service delivery. A better website. A better way to interact with the business community in terms of trying to drive economic development.”The idea of beating a 39-year incumbent might seem daunting to most, but Becker has slowly built a case for the upset. He points to two straight months of strong fundraising and a victory in The Apopka Voice’s City Commission poll two weeks ago. Becker received 213 votes to Arrowsmith’s“The poll shows that there is a large group in Apopka who thinks there needs to be some new ideas and fresh blood in office. And it shows Bill that it’s going to be a good competition until the end.”He also sees it on the campaign trail.At first I was apprehensive to go door-to-door, but now it’s almost therapeutic because my message is so well received. I almost never get any pushback. I think the people are really hungry for a change.”If you are going to beat a 39-year incumbent, you’re going to have to illustrate contrast. Becker does not shy away from critiquing Arrowsmith. And while he acknowledges his opponent’s“We need to get past the noise and get to the root of the problem,” he said. “I want to get something done.”experience, he questions the effectiveness of his time in office.“Experience is good on the surface, but what does that mean? I like golf. I’ve played for 20 years, but I’m not good. I won’t break 100. So I’m experienced at golf, but not effective. Experience isn’t everything.”He also differs with Arrowsmith when it comes to budget and vision.“I don’t think Bill is on board with the visioning process. When they went around the room (at The Visioning Apopka Community Consensus Meeting) and asked people to give a one-word answer to describe the visioning process, Bill’s answer was “costly”. And I think that’s the mentality that some have. We’re all taxpayers. It’s not like I’m going to get on the council and have an open checkbook and spend money all over the place. But if we don’t get past the money part of it up front, if our first conversation is always ‘how much is it going to cost’ we will never do anything.”Becker is an advocate for Apopka having an economic development team in place as long as they are proficient.“Our household median income in Apopka is $13,000 higher than the state average, yet our retail sales are only half of what Winter Garden, Sanford and Altamonte Springs bring in. We’re missing the mark in so many ways in our city. I always want to have a mindset of things could be better.”“I think there is value in making it a part of what the city offers. I think other cities have adopted that, embraced this idea of economic committees or departments and it has served them well. What things cost is really not as important as the value of what you’re getting. So if your return is higher than what you are investing in, then there’s value in doing it. And I just don’t think Bill wants to do that.”Perhaps the biggest challenge Becker has faced in this election is separating himself from being labeled a rubber stamp for the current administration. Becker embraces the idea of alignment on the City Council, but also points out his independent thinking.“Strategically I would align with the Mayor and with Sam (Commissioner Ruth). Tactically I may not. I’m running on my own merits. There’s going to be times where I disagree and I’ll vote accordingly. Are there going to be tactical differences? Absolutely. And I want to have healthy debate. Not political debate. I think friction sharpens the point. I don’t see how it’s a negative to say there would be alignment on the council. But I think for myself. And there will be times when I vote with the majority, but I have no fear of casting a no vote.”Becker is a driven, qualified candidate who looks forward in his thinking and can focus on the task at hand. And right now, that focus is on Seat #4 of the Apopka City Commission.“I want to win this seat and I want to deliver on what I’m describing. My biggest disappointment in myself would be if I don’t accomplish the things I’m trying to accomplish as City Commissioner.” Florida gas prices jump 12 cents; most expensive since 2014 TAGSKyle Becker Previous articleCan Bankson build off the momentum of March 15th?Next articleWelcome to Apopka Election Day 2.0 Denise Connell RELATED ARTICLESMORE FROM AUTHOR Gov. DeSantis says new moment-of-silence law in public schools protects religious freedom Share on Facebook Tweet on Twitter UF/IFAS in Apopka will temporarily house District staff; saves almost $400,000 Please enter your comment! Please enter your name here LEAVE A REPLY Cancel reply Save my name, email, and website in this browser for the next time I comment.
Howard Lake | 5 February 2010 | News Gift Aid ‘inefficient and too expensive’ says Nick Hurd AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis 113 total views, 2 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Gift Aid reform is at the top of the Conservative Party’s agenda for the voluntary sector to ease the bureaucratic burden for charities, said shadow charities minister Nick Hurd yesterday.At an Institute of Fundraising conference ‘Ready for the Recovery’, he said their approach to the sector would be based on three questions:* What are we doing to make it easier to run a charity?* What are we coing to change the cultural attitude and encourage greater giving of money and time to the sector: and* What are we doing to make it easier to do business with the state?He said that reform of the Gift Aid system, which is currently ‘inefficient and too expensive’ and only used by 46% of donors would reduce the bureaucratic burden on charities, particularly small ones. He said whenever he had spoken to the third sector minister Angela Smith he got a standard response that ‘the sector had not got its act together’.Lindsay Boswell, chief executive of the Institute of Fundraising, commented that in the last 10 years, ‘this is one area where the sector has been more joined up than any other’.And dealing with the state, he said is a ‘bureaucratic nightmare’ and a ‘wholly unsatisfactory process’ and said there had been ‘too much monitoring and not enough trust’ given to not-for-profit organisations.However, he said there would need to be more transparency around what work charities do with government.www.institute-of-fundraising.org.uk Tagged with: Gift Aid Institute of Fundraising Law / policy 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.
50 total views, 2 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis 49 total views, 1 views today Tagged with: Big Lottery Fund Funding Howard Lake | 12 March 2013 | News AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Top 6 reasons that great projects don’t get their grants Advertisement Here are some useful tips from BIG Scotland on how to secure funding from them, and to secure it as promptly as possible.They fund make small or medium size grants (mostly up to £10k, some up to £50k), but often have to delay payments to recipients because of basic errors in providing the information they require. Here are the six most common errors by would-be grants recipients. 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.
WW photo: G. DunkelThe historic Riverside Church on Manhattan’s Upper West Side was filled Sept. 14 with 3,000 people — many of them activists of all ages and nationalities — for a rally to end mass incarcerations and torture, to shut down Attica prison and to demand freedom of all political prisoners.The rally was timed around the 41st anniversary of the heroic Attica prisoner rebellion, which took place from Sept. 9-13 in 1971. Black, Brown and anti-racist white prisoners took guards hostage to demand an end to inhumane conditions inside the walls and much more. Then Gov. Nelson Rockefeller ordered the police and National Guard to slaughter more than 40 prisoners along with their hostages.At the time of the rebellion, there were an estimated 200,000 prisoners in the U.S. Today, that number has skyrocketed to close to 2.5 million prisoners, the most populous prison system in the world. The U.S. has 5 percent of the world’s population and 25 percent of its prison population. To go a step further, more than 7 million mainly people of color and the poor are reportedly incarcerated, on parole or on probation within the framework of the U.S. criminal in-justice system.This rally comes eight months after the transfer of political prisoner Mumia Abu-Jamal from Pennsylvania’s death row — where he spent over 30 years — to a minimum-security prison due to the strength of a worldwide support movement. The former Black Panther and MOVE organization supporter is still fighting through the courts against a sentence of life in prison without parole. After an inspiring recorded message, Mumia was able to speak live to the rally by speakerphone, which ignited the crowd with chants of “Free Mumia!”Asha Bandele, poet, author and director of the Advocacy Grants Program at the Drug Policy Alliance, chaired the rally. She introduced the Rev. Stephen H. Phelps, a senior minister at Riverside Church, and Bernard White, a commentator with Community Progressive Radio/Metro, who both greeted the audience.Pam Africa, MOVE’s Minister of Confrontation and a leader of the International Concerned Family and Friends of Mumia Abu-Jamal, offered a powerful reminder to the crowd to continue the fight to free all political prisoners like Mumia, the MOVE 9 and Sundiata Acoli.Soffiyah Elijah, executive director of the Correctional Association of New York, spoke on why it’s important to build a campaign to shut down Attica, an institution symbolic of the unspeakable brutality that takes place throughout every U.S. prison and jail.The main part of the rally featured a discussion among panelists Angela Davis, author, professor and former political prisoner; Michelle Alexander, civil rights attorney and author of “The New Jim Crow: Mass Incarceration in the Age of Colorblindness”; and Joseph “Jazz” Hayden, founding member of the Campaign to End the New Jim Crow, who is now on trial for trumped-up charges related to his anti-stop-and-frisk activities in Harlem.Also on the panel were Marc Lamont Hill, a professor at Columbia University and co-author with Mumia of “The Classroom and the Cell”; and Cornel West, activist, author of “Race Matters” and Princeton University professor. Suzanne Ross, also representing ICFFMAJ, moderated the panel, which connected the issue of mass incarceration to the broader issues of global capitalism, education, mental health, racism, transphobia, sexism and activism.Hill raised the case of CeCe McDonald, a Black transwoman falsely imprisoned for defending herself against a racist, anti-trans attack. McDonald’s supporters continue to struggle both to have her moved out of a men’s prison and to free her as soon as possible. To view the panel discussion, go to cprmetro.blogspot.com/.Many of the 50 or more groups that endorsed the Riverside Church rally have joined the Sept. 14 End Mass Incarceration/Close Attica Coalition, which will present petitions to shut down Attica to Gov. Andrew Cuomo’s office during a noontime protest on Sept. 26. For more information, go to freemumia.com.FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this
SHARE By Hoosier Ag Today – Mar 11, 2018 Home Indiana Agriculture News USDA Trims Red Meat Production Numbers USDA slightly reduced its projections for red meat and poultry production in 2018. The forecast is slightly lower than last month, primarily due to a drop in beef production, which will more than offset increased pork and turkey production. The latest World Ag Supply and Demand Estimates Report says broiler production remains unchanged. USDA sees lower cattle slaughter and weights, which will be offset by somewhat higher fed beef production and higher non-fed beef production in the first half of 2018. Pork production is lowered through the first half of the year because of a slower slaughter pace. However, production in the second half of 2018 is expected to increase thanks to higher expected carcass weights.Beef imports are forecast to be higher in 2018, thanks to robust early-year demand. No change is forecast for beef exports. The pork import forecast looks higher because of expected demand strength, while pork exports are also forecasted higher than they were last month. Broiler exports remain unchanged, with the exception of turkey, which is forecast to drop slightly in certain key export markets because of weaker demand. The Quarterly Hog and Pig Report on March 29 will give a clearer picture of farrowing intentions over the next two quarters of 2018. Facebook Twitter USDA Trims Red Meat Production Numbers SHARE Facebook Twitter Previous articleCommentary: The Shot Heard Around the WorldNext articleStudy Shows Capping RIN Prices Detrimental to Biofuels Hoosier Ag Today
Mass international solidarity campaign launched in support of Maria Ressa to go further The National Union of Journalists of the Philippines has launched an online petition for the renewal of ABS-CBN’s franchise and a campaign on social media with the hashtag #NoToABSCBNShutdown In a press release on 30 January, exactly two months before the franchise’s expiry, RSF listed the many threats that President Duterte has made against ABS-CBN, including advising the network’s owners on 30 December to “just sell.” The Philippines is ranked 134th out of 180 countries in RSF’s 2019 World Press Freedom Index. PhilippinesAsia – Pacific Media independence Economic pressureJudicial harassment Help by sharing this information Filipina journalist still held although court dismissed case eleven days ago News News February 11, 2020 Philippine government tries to shut down leading broadcaster This latest act of constitutional outrage by the executive has come just weeks before the network’s 25-year franchise, which was issued by parliament, is due to expire on 30 March. In the Philippines, the solicitor general is the equivalent of an attorney general attached to the department of justice. Reporters Without Borders (RSF) calls on the Philippine judiciary to respect the press freedom enshrined in the country’s constitution after solicitor general Jose Calida yesterday asked the supreme court to revoke the franchise of the biggest Philippine radio and TV network, ABS-CBN, because of alleged “abusive practices.” Organisation Follow the news on Philippines In a statement, Calida denied that the complaint he had filed with the supreme court was politically motivated. But he was one of Rodrigo Duterte’s election campaign managers, and Duterte, as president, has repeatedly said ABS-CBN should be stripped of its franchise. News “We urge the supreme court’s judges to reject this crude request and we call on members of parliament to immediately renew the ABS-CBN franchise in a spirit of respect for the separation of powers and freedom of the press, as required by the Philippines’ 1987 constitution.” May 3, 2021 Find out more February 16, 2021 Find out more Incompetence or fabrication A human rights advocate holds up a mask featuring Philippines’ President Rodrigo Duterte during a march to mark International Human Rights Day in Manila on December 10, 2019. Through several complicit institutions, Duterte has waged a war on ABS-CBN because of the network’s critical coverage (photo: Maria TAN / AFP). PhilippinesAsia – Pacific Media independence Economic pressureJudicial harassment June 1, 2021 Find out more News “Either Jose Calida told the truth, in which case he has revealed his profound incompetence, because he has been in office since June 2016 and has had plenty of time to deal with ‘abusive practices,’ or he told a lie, and his claim is a complete political fabrication,” said Daniel Bastard, the head of RSF’s Asia-Pacific desk. The aim of the complaint, Calida said, was “to put an end to what we discovered to be highly abusive practices of ABS-CBN.” These practices, he claimed, had “gone unnoticed or were disregarded for years.” Philippines: RSF and the #HoldTheLine Coalition welcome reprieve for Maria Ressa, demand all other charges and cases be dropped RSF_en Receive email alerts
Make a comment First Heatwave Expected Next Week 16 recommended0 commentsShareShareTweetSharePin it Name (required) Mail (required) (not be published) Website Community News LCPC Parent Education Staff – Front Row: Fiama Traxler, Jan Roberts, Paige Dunbar, Anne Bierling (Director), Nanette Brown, Amanda Baughman. Back Row: Sloan Walsh, Tracy Tobias, Jana VanDyck, Heather Ehrhart, Jina Khachik, Nicole Ravana. Registration for La Canada Presbyterian Church’s Parent Education Fall Program begins May 10th! Entering its 39th year, Parent Ed offers 14 classes for parents of children 0-18 that provide education, friendship, and sustenance. Classes meet weekly September through May and attract approximately 400 participants from 22 different cities. Classes fill up fast, so don’t wait to register!Parents of newborns through age five attend joint Parent-and-Child Classes where both children and adults form lasting friendships as well as receive valuable education from seasoned educators. Parents with school-aged children attend Parent-Only Sessions to talk over the extra set of challenges that accompany raising elementary, tween and teen children.New Babies, Babies, and Older Babies classes focus on the first year challenges of eating, sleeping and changing family dynamics– while Toddler and Two-Year Old classes add discussions on discipline, potty training and nurturing the whole child. The Family Class allows the parent to bring all children ages 0-5 five—and discusses raising young children as well as creating calm in a multi-child family. Parenting 3-4 Year Olds focuses on kindergarten prep, nurturing the whole child, and developing self-regulation.Parents of Elementary Kids covers the latest in brain research and how it relates to children’s development, learning, behavior and relationships. Tweeners class features large and small group discussion relating to pre-adolescent issues such as peer relationships, family communication, puberty and school adjustments. Parenting High Schoolers makes for a compelling class on adolescent identity, family communication, dating, driving, college preparation and learning to “let go.”Summer Family Class begins May 24 or 25th for parents and children ages 0-5. Some spaces are still available—register ASAP!Please go to www.lacanadapc.org/parented for class listings, staff bios, and online registration. Scholarships and payment plans are available online. Affordable childcare is offered during all class times. La Canada Presbyterian Church is located at 626 Foothill in La Canada. Subscribe faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,Virtual Schools PasadenaHomes Solve Community/Gov/Pub SafetyPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes More Cool Stuff Top of the News Your email address will not be published. Required fields are marked * Business News Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday Herbeauty10 Brutally Honest Reasons Why You’re Still SingleHerbeautyHerbeautyHerbeauty6 Strong Female TV Characters Who Deserve To Have A SpinoffHerbeautyHerbeautyHerbeauty10 Easy Tips To Help You Reset Your Sleep ScheduleHerbeautyHerbeautyHerbeauty8 Easy Exotic Meals Anyone Can MakeHerbeautyHerbeautyHerbeautyThe Most Heartwarming Moments Between Father And DaughterHerbeautyHerbeautyHerbeautyCreative Ways To Burn Calories That Require Little EffortHerbeautyHerbeauty Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. Community News Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS Faith & Youth Registration for La Canada Presbyterian Church’s Fall Parent Education Classes Opens May 10th Article and Photo courtesy of LA CANADA PRESBYTERIAN CHURCH Published on Thursday, April 27, 2017 | 8:15 pm Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy
NewsEducationLimerickSMEDIA recognition for quality journalism is in the postBy Editor – April 19, 2018 1310 Limerick’s National Camogie League double header to be streamed live Previous articleTen years of Choke improvNext articleLimerick farmers still trying to catch-up after extreme weather Editor Limerick Artist ‘Willzee’ releases new Music Video – “A Dream of Peace” Student Media Awards nominees Cian Reinhardt, Sports Photographer of the Year award nominee, and Simon Bourke, Journalist of the Year award nominee. Picture: Cian ReinhardtTWO trainee journalists working with the Limerick Post newspaper are in line for national media awards.Columnist Simon Bourke and social media co-ordinator Cian Reinhardt, who are mature students at the University of Limerick, have been nominated for national student media (Smedia) awards which will be presented in Dublin’s Aviva Stadium on this Thursday night.Simon, who is fourth year Journalism and New Media student, is in contention for the Journalist of the Year title. Among the Kilkenny man’s entries is the story of a Limerick family’s extraordinary journey to ease the agony of terminal illness, which was published in the Limerick Post.Sign up for the weekly Limerick Post newsletter Sign Up Cian, who is also in his final year of the Journalism and New Media degree course,has been nominated for Sports Photographer of the Year. A native of Waterford City, he has been working with the Limerick Post for the past two yearsFor the second year running, Limerick Voice, the newspaper produced by UL journalism students has been nominated for Newspaper of the Year. Its online platform has also been nominated for Website of the Year.The largest competition of its kind in Ireland, the Smedias recognise and celebrate the next generation of media talent. Open to students from every college across Ireland, the awards are judged by key media industry leaders including Mark Hennessey, News Editor of The Irish Times, and Fionnan Sheahan, Editor of The Irish Independent.Second and fourth year students students Mark Boylan and Ger Flanagan are both in the running for the title of Sports Writer of the Year. Their stories include features about people overcoming enormous physical disabilities to achieve greatness on the sporting fields.Babble the digital magazine produced by second year journalism students in UL has secured two nominations: Small Society Publication and Layout of the Year.Journalism student Marisa Kennedy who worked as editor of Limerick Voice 2017 said she was honoured to see the newspaper and website represented in so many categories.“I am delighted that the Limerick Voice newspaper has been nominated for three Smedia Awards with further nominations for our online editor, photos editor and two of our reporters. UL has enjoyed a high degree of success at the Smedias in recent years which is due to the continued advancement of journalism in the university and to those who work tirelessly in the department. I hope Limerick Voice will continue this successful streak next Thursday at the awards night.”UL Head of Journalism Mary Dundon congratulated all of this year’s nominees.“We are delighted to see the hard work of our journalism students being validated by national media industry figures. These nominations are a testament to our students’ dedication and talent and also to the excellent edition of the Limerick Voice overseen by Kathryn Hayes again this year. We are also thrilled to the see the online magazine, Babble, produced by our second year students and overseen by Colin McGann, nominated for two awards this year.According to UL Journalism lecturer Kathryn Hayes industry recognition for high quality journalistic skills is extremely valuable for UL journalism students going forward in their careers.“A core focus of journalism education in UL is to prepare students for the world of work and problem based or experintial learning is an intergral part of our teaching which enables students to build a portfolio which can be showcased at event’s such as the National Student Media Awards.”The UL nominations in this year’s awards include:Newspaper of the Year – Limerick VoiceSmall College/Society publication of the year – Limerick Voice and Babble MagazineLayout and Design of the Year (newspaper) – Limerick Voice.Layout and Design of the Year (magazine) – BabbleJournalist of the Year – Simon BourkeSports Photographer of the Year – Cian ReinhardtSports Writer of the Year – Mark Boylan and Ger FlanaganWebsite of the Year – Limerick VoiceEditor of the Year – Anna CullenSee more Limerick news here Predictions on the future of learning discussed at Limerick Lifelong Learning Festival Print WATCH: “Everyone is fighting so hard to get on” – Pat Ryan on competitive camogie squads Advertisement Facebook RELATED ARTICLESMORE FROM AUTHOR Linkedin Billy Lee names strong Limerick side to take on Wicklow in crucial Division 3 clash Limerick Ladies National Football League opener to be streamed live Twitter TAGSCian ReinhardtJournalismLimerick PostLimerick VoiceSimon BourkeSMEDIAUniversity of Limerick Email WhatsApp
Courts In India Have Power To Grant Anti-Arbitration Injunction Against Foreign-Seated Arbitration, Albeit Sparingly : Calcutta HC [Read Judgment]
News UpdatesCourts In India Have Power To Grant Anti-Arbitration Injunction Against Foreign-Seated Arbitration, Albeit Sparingly : Calcutta HC [Read Judgment] Mehal Jain14 Aug 2020 11:19 PMShare This – xThe Calcutta High Court on Wednesday ruled that while civil courts in India do have the power to grant anti-arbitration injunctions against a foreign-seated arbitration, however, this power is to be used sparingly and with abundant caution.”It is only under the circumstances enumerated in and exhaustively discussed in paragraph 24 of (the 2003 Supreme Court ruling in Modi Entertainment…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 Calcutta High Court on Wednesday ruled that while civil courts in India do have the power to grant anti-arbitration injunctions against a foreign-seated arbitration, however, this power is to be used sparingly and with abundant caution.”It is only under the circumstances enumerated in and exhaustively discussed in paragraph 24 of (the 2003 Supreme Court ruling in Modi Entertainment Network), which would merit the grant of an anti-arbitration injunction and therefore, its rare and controlled usage”, observed Justice B. Shekhar Saraf.In the aforesaid judgment, the apex court had held that in exercising discretion to grant an anti-suit injunction the court must be satisfied of the following aspects:a) the defendant, against whom injunction is sought, is amenable to the personal jurisdiction of the court;b) if the injunction is declined, the ends of justice will be defeated and injustice will be perpetuated; andc) the principle of comity – respect for the court in which the commencement or continuance of action/proceeding is sought to be restrained – must be borne in mind.The top court had further declared that:1) In a case where more forums than one are available, the court will examine as to which is the appropriate forum (forum conveniens) having regard to the convenience of the parties and may grant anti-suit injunction in regard to proceedings which are oppressive or vexatious or in a forum non-conveniens.2) Where the jurisdiction of a court is invoked on the basis of jurisdiction clause in a contract, the recitals therein in regard to exclusive or non-exclusive jurisdiction of the court of the choice of parties are not determinative but are relevant factors and when a question arises as to the nature of the jurisdiction agreed to between the parties the court has to decide the same on a true interpretation of the contract on the facts and in the circumstances of each case.3) A court of natural jurisdiction will not normally grant anti-suit injunction against a defendant before it where parties have agreed to submit to the exclusive jurisdiction of a court including a foreign court, a forum of their choice in regard to the commencement or continuance of proceedings in the court of choice, save in exceptional case.4) Where parties have agreed, under a non-exclusive jurisdiction clause, to approach a neutral foreign forum and be governed by the law applicable to it for the resolution of their disputes arising under the contract, ordinarily no anti-suit injunction will be granted in regard to proceedings in such a forum conveniens and favoured forum.5)A party to the contract containing jurisdiction clause cannot normally be prevented from approaching the court of choice of the parties as it would amount to aiding breach of the contract; yet when one of the parties to the jurisdiction clause approaches the court of choice in which exclusive or non-exclusive jurisdiction is created, the proceedings in that court cannot per se be treated as vexatious or oppressive nor can the court be said to be forum non-conveniens.7) The burden of establishing that the forum of choice is a forum non- conveniens or the proceedings therein are oppressive or vexatious would be on the party so contending to aver and prove the same.The Single Judge was determining the arbitration clause in which agreement between an Indian company, Balasore Alloys Limited, and a company registered in the US, Medima LLC, would apply in referring a dispute to arbitration:The general arbitration clause in an “Agency Agreement”, which was the umbrella agreement, and as per which the ICC was to have jurisdiction, orThe other purchase contracts which are in reference to individual sale and purchase contracts, and which required the Indian arbitration law to apply and for the seat of arbitration to be Kolkata, India.Balasore had sought an injunction from the High Court against arbitration proceedings commenced by Medima in the ICC, London.In denying the ad interim order for anti-arbitration injunction in the instance case, Justice Saraf laid down the following principles:1. Where a contract between the parties provides that the execution or performance of that contract shall be in terms of another contract (which contains the terms and conditions relating to performance and a provision for settlement of disputes by arbitration), then, the terms of the referred contract in regard to execution/ performance alone will apply, and not the arbitration agreement in the referred contract, unless there is a special reference to the arbitration clause also.”In light of the same, the purchase contracts would be governed by the Indian domestic arbitration clause in the purchase orders and not clause 23 of the Agency Agreement as the same is repugnant to the Arbitration clause in the Purchase orders”, said Justice Saraf.2. The Single Judge, however, added that the point above does not take away the right of the parties to raise a dispute under the Agency Agreement unless the arbitration clause therein has become inoperative or incapable of being performed;3. The burden of proof to show that the arbitration clause in the Agency Agreement has become inoperative or incapable of being performed was held to be on the party asserting the same, in this case, the plaintiff;4. The burden of proof to show that there exist forum non-conveniens or proceedings launched before a neutral foreign forum is vexatious or oppressive is also placed upon the party asserting the same, in this case, the plaintiff;5. “The mere existence of multiple proceedings and/or chance of a matter proceeding in multiple forums are not sufficient reasons to render an arbitration agreement inoperative”, reiterated the bench, relying on an authority of the Supreme Court.6. The High Court asserted that the fact that the pricing mechanism in the Agency Agreement has been incorporated into the purchase orders does not by itself make the arbitration clause in the Agency Agreement inoperative, and that the Agency Agreement being in the nature of an umbrella agreement subsists and the arbitration clause therein continues to operate on all aspects of the agreement;7. “The parties have agreed to the Agency Agreement and the purchase orders with their eyes open, and if multiple proceedings may arise due to certain ambiguities, so be it”, opined the Single Judge, declaring that that fact alone cannot make one of the proceedings, especially a neutral foreign seated arbitration applying a neutral governing and proper law, a vexatious or oppressive proceeding.8. While the Single bench was of the view that the stand taken by Balasore before the ICC agreeing to the arbitration by a sole arbitrator and retaining its right to urge the jurisdiction point before such arbitrator does not by itself bar them from filing the present suit, however, the conduct of Balasore in subjecting itself to the ICC jurisdiction and its acquiescence to a sole arbitrator was deemed to be one of the factors to be examined by the Court while granting an ad interim injunction.Click Here To Download Judgment[Read Judgment] Next Story