Tuesday, November 14, 2023

Is India violated 'Vienna Convention on Diplomatic Relations' with Canada?

The Prime Minister of Canada Mr. Justin Trudeau said India violated Vienna Convention on Diplomatic Relations by sending back 40 diplomats from their High Commission in India back to Canada

Lets look at the provisions in 'Vienna Convention on Diplomatic Relations' for sending back Diplomats or Ambassadors from Diplomatic Missions by Receiving Country 

Article 9 of Vienna Convention on Diplomatic Relations says:

The receiving State may at any time and without having to explain its decision, notify the sending State that the head of the mission or any member of the diplomatic staff of the mission is persona non grata (an unacceptable or unwelcome person) or that any other member of the staff of the mission is not acceptable. In any such case, the sending State shall, as appropriate, either recall the person concerned or terminate his functions with the mission. A person may be declared non grata or not acceptable before arriving in the territory of the receiving State.

Article 11 says:

 1.In the absence of specific agreement as to the size of the mission, the receiving State may require that the size of a mission be kept within limits considered by it to be reasonable and normal, having regard to circumstances and conditions in the receiving State and to the needs of the particular mission. 

2.The receiving State may equally, within similar bounds and on a non-discriminatory basis, refuse to accept officials of a particular category.

India's External Affairs Minister Dr. S. Jai Shankar clarified that there were no violation of Vienna Convention on Diplomatic Relations in the matter of sending back 40 Diplomats of Canada, since India has only 20 Diplomats in Canada and Canada holds 60 Diplomats in India, India just brought down the number of Diplomats to maintain parity. 

Monday, December 28, 2020

How to Conduct International Arbitral Proceedings

CHAPTER V. 


CONDUCT OF ARBITRAL PROCEEDINGS 


Article 18. Equal treatment of parties 


The parties shall be treated with equality and each party shall be given a full opportunity of presenting his case. 


Article 19. Determination of rules of procedure 


(1) Subject to the provisions of this Law, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. 


(2) Failing such agreement, the arbitral tribunal may, subject to the provisions of this Law, conduct the arbitration in such manner as it considers appropriate. The power conferred upon the arbitral tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence. 


Article 20. Place of arbitration 


(1) The parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties. 


(2) Notwithstanding the provisions of paragraph (1) of this article, the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of goods, other property or documents. 


Article 21. Commencement of arbitral proceedings 


Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.


Article 22. Language 


(1) The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing and any award, decision or other communication by the arbitral tribunal. 


(2) The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.


Article 23. Statements of claim and defence 


(1) Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise agreed as to the required elements of such statements. The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit. 


(2) Unless otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow such amendment having regard to the delay in making it.


Article 24. Hearings and written proceedings 


(1) Subject to any contrary agreement by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. However, unless the parties have agreed that no hearings shall be held, the arbitral tribunal shall hold such hearings at an appropriate stage of the proceedings, if so requested by a party. 


(2) The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of goods, other property or documents.


(3) All statements, documents or other information supplied to the arbitral tribunal by one party shall be communicated to the other party. Also any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties.


Article 25. Default of a party 


Unless otherwise agreed by the parties, if, without showing sufficient cause, 


(a) the claimant fails to communicate his statement of claim in accordance with article 23(1), the arbitral tribunal shall terminate the proceedings; 


(b) the respondent fails to communicate his statement of defence in accordance with article 23(1), the arbitral tribunal shall continue the proceedings without treating such failure in itself as an admission of the claimant’s allegations; 


(c) any party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it.


Article 26. Expert appointed by arbitral tribunal 


(1) Unless otherwise agreed by the parties, the arbitral tribunal 


(a) may appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal; 


(b) may require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods or other property for his inspection. 


(2) Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his written or oral report, participate in a hearing where the parties have the opportunity to put questions to him and to present expert witnesses in order to testify on the points at issue.


Article 27. Court assistance in taking evidence 


The arbitral tribunal or a party with the approval of the arbitral tribunal may request from a competent court of this State assistance in taking evidence. 


The court may execute the request within its competence and according to its rules on taking evidence.