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Working Papers | 2006

`Commerciality` in International Commercial Arbitration

Anurag K. Agarwal and Jain D Harsh

Enterprises, the world over, now conduct business on a dramatically more international scale. The growth of world economies is directly connected with millions of commercial contracts, which are becoming more international in character owing to global integration. Commercial arbitration has been hailed as the most efficient form of dispute settlement available to participants in international trade. As the purpose of the commercial arbitration is to resolve commercial disputes, often issues have been raised whether a particular dispute is commercial or not. With globalisation and seamless trade the aspirations of global business community, it would be of immense importance to understand the meaning of 'commercial' as construed in 'international commercial arbitration' in some of the major jurisdictions of the world.

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Working Papers | 2006

A Diagnostic Study of Jawaharlal Nehru Port Trust

G. Raghuram

The Jawaharlal Nehru Port Trust (JNPT), an autonomous body under the Major Port Trusts Act, 1963, was commissioned on 26th May, 1989. The port was originally planned to decongest the Mumbai port and serve as a hub port for container handling for the region. JNPT became the first Indian port to handle more than 1 million TEUs (twenty foot equivalent unit, the measure used for container traffic) in 2000-01. In view of the increasing containerised trade, a third container terminal was tendered in October 2002 and awarded in August 2004 to Gateway Terminals of India Private Limited (GTIPL). GTIPL has begun the construction and operations are expected to begin by early 2006. As stated by the Department of Shipping, "The increased volume of container traffic has put a lot of strain on the existing (landside) infrastructure, leading to the problem of frequent congestion in the port." The author was approached by the Ministry of Commerce for a diagnostic study of JNPT. The study was carried out during February to April 2005. As part of the study, it was decided to keep in perspective three scenarios of traffic: (i) upto 2.5 million TEUs, ie the current levels, (ii) upto 4 million TEUs, ie from mid 2006 as GTIPL becomes operational and (iii) beyond 4 million TEUs, when the fourth box terminal is made operational. This paper presents the analysis and recommendations of the study.

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Working Papers | 2006

Financial Performance of Private Sector Hospitals in India:Some Further Evidence

Bhat Ramesh and Jain Nishant

This paper analyses financial performance of private hospitals. The study is based on financial statement data of private hospitals for the years 1999 to 2004. Using 25 key financial ratios, the study finds six key financial dimensions. These are: fixed assets age, current assets efficiency, operating efficiency, financial structure, surplus/profit appropriation, and financial profitability/operating cost ratio. The findings suggest that over the years hospitals have shown marginal improvement in financial performance. Though the total amount of debt is not high, it is the cost of debt and ability to service the debt which is making debt burden high for hospitals. The financial risks in this sector are high because of lower profitability and lower operating efficiencies. We discuss the implications of the results.

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Working Papers | 2006

Efficient Subsidisation of LPG: A Study of Possible Options

Ajay Pandey and Sebastian Morris

The budget contained an announcement that the central government would actively explore the option of using an appropriate form of the 'food stamps' or an alternative scheme to improve the efficacy and reduce the cost of the current system of administration of food subsidies. The announcement provides an opportunity to discuss the issues of subsidy on account of LPG and device a system of subsidisation based on 'LPG Stamps' or some other scheme to improve the efficacy of subsidisation and remove the large distortions created by the current system. LPG subsidy has grown historically and has become quite high because of aggressive growth in connections and increase in per connection consumption in addition to rising input costs. Given that there is evidence that LPG subsidy has been ineffective in increasing penetration in rural and poorer households, there is a case for capping and targeting LPG subsidy. Otherwise it can explode over time unless new connection growth is curbed, which is indefensible. The best option to curtail LPG subsidy would be to eliminate it straight away. However, there are at least two factors which are likely to make it difficult. Firstly, the input costs are high (from a historical point of view). Secondly, the high input prices coupled with lack of preparatory ground work may result in political mobilization against the move. The next best option which sharply focuses on the deserving segment is direct subsidy to below poverty line families. These households may be given up to 8 coupons every year. Each coupon can be used for subsidy for a cylinder. A separation of the identification and issuance of coupon is critical to the success of this scheme. As clarified elsewhere in the study, by coupon we mean any technology which allows the target group to get a well-defined and secured entitlement. It could be paper coupons with security features or smart cards, using IT for identification and entitlements. Direct subsidy to BPL family through coupon would allow them to pay cash equal to retail price less the subsidy per coupon. This amount and a coupon would entitle them to get a cylinder. The coupon surrendered to the dealer would be in turn be surrendered by him to the Oil companies, who would pay equivalent cash to the dealer. In fact, dealer may get an additional compensation for the cost of accounting and administration. The BPL coupon holders may be allowed to trade the coupons as this would convert the LPG subsidy to income subsidy. Even if the transfer or trade is not allowed, it is bound to take place and the net effect of that would be sharing of subsidy between intended beneficiary and some intermediary. Targeting LPG subsidy to BPL consumers may encounter problems in improper identification about which Oil companies need to work closely with district/ local administration so as to proactively eliminate inappropriately classified consumers. Targeting BPL consumers for LPG subsidy also leaves open the possibility of non-BPL consumers taking connections in the name of BPL consumer and that of BPL consumers opting for multiple connections. Both problems are to some extent self limiting (due to conflict and due to connection charges) but warrant closer examination of new connections under BPL category. Coupon based direct subsidies require efficient administrative support associated with coupon distribution, appropriate documentation, coupon accounting, collection and cash reconciliation. Coupons have to be difficult to copy and print to prevent frauds etc. This can be ensured by printing of coupons at a security press, or by suitable IT enabled mechanisms. Irrespective of any method of LPG subsidy reduction, there is a need to examine the taxes built in currently estimated gross subsidy. The net subsidy to the consumers should be the basis of elimination otherwise the target is self-defeating (by being higher) and not justifiable (elimination of gross subsidy means moving from net subsidy to net tax regime). Even if the state governments continue to collect sales tax, the central government which also collects taxes and simultaneously bears subsidy should neutralize the subsidy estimate from central taxes. The state governments need to be persuaded to retain the current amount of sales tax (but at a lower rate) otherwise states get higher revenue and the price target goes up. In case the state governments were to pay truant on this issue, there is a need to explore whether differential issue prices can be used as a deterrent. Another issue which warrants closer examination is the impact of volatility of input costs on retail prices. Had the industry been competitive, this would not have been a major issue. Clearly, some oversight or regulation is required so that prices are changed at appropriate intervals and are still neither excessive nor too low. It would be appropriate to set up a regulator to review periodically review the input costs and allow changes. He may allow prices on the basis of average cost with a lag or may prescribe a band linked to input costs and may monitor the prices to prevent any abuse. The rationalisation of prices and of tax reform in this sector is long overdue. These need to be simultaneously pursued. It is possible for the entire sector to move towards a revenue neutral cenvat based tax regime. That in itself and the direct subsidization of kerosene and LPG through coupons is necessary to remove all the distortions. The ill effects of the distortions that result in misuse, diversion, revenue loss, and added environmental and governance problems can only be feasibility addressed by the movement away from price based subsidies to direct subsidies. Similarly kerosene subsidises if correctly targeted and administered can have large spillovers in the management of subsidies in LPG.

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Working Papers | 2006

CBD and TRIPS: Empowering Knowledge - Rich, Economically Poor People through IPR Reforms

Anil K. Gupta

The discussion in the recent COP 8 (Conference of Parties) meeting ending on March 31, 2006, the subject of Prior Informed Consent and protection of intellectual property rights of knowledge holders remained very contentious. I discuss various kinds of incentives that need to be provided for protecting the IPRs of local communities and individual knowledge holders, innovators without undermining the goal of people to people learning. The policy reforms are suggested in primarily five areas viz., registry of innovation and traditional knowledge. Prior Informed Consent, disclosure requirement, licensing and other issues relating to collecting societies (collective rights of innovators), etc. It is hoped that the deliberation of the next meeting of the Article 8J working group prior to COP 9 would draw upon these lessons and incorporate the same in the discussion.

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Working Papers | 2006

Is the Just System also Fairer? Traversing the Domain of Knowledge, Institutions, Culture and Ethics

Anil K. Gupta

Professional norms can take precedence over social expectations. Sometimes, these norms are ahead of societal expectations and therefore the fairness follows the just norms. However, sometimes, reverse is the case. When sati was outlawed, it was enactment of justice which was considered by many believers in this practice as an unfair interference in their customs. In this case, therefore, the justice was perceived to be unfair. But in the case of knowledge domain, because of the dominant practice of professionals collecting the knowledge of people without attribution, reciprocity or acknowledgement, a just practice became actually an unfair practice. Legally, if the rights of the people to their traditional knowledge are not recognized, then it is not unjust system to exploit that knowledge. But this is certainly an unfair system. In this paper, I deal with the issue of Prior Informed Consent and the ethics underlying the knowledge exchange between formal and informal system. The criteria for assessing the adverse consequence from knowledge providers are discussed in the context of Rawlsian framework. Similar consequences are conceptualized for knowledge seekers. It is debated that whether motives could have a bearing on the outcomes or the consequences. The relationship between knowledge, institutions, ethics and culture is briefly reviewed to discuss what exactly is the normal behaviour among scholars. The policy implications of the work with particular reference to intellectual properly rights are identified.

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Working Papers | 2006

Is Longer, Faster, Stronger, Smarter Life also the Happier? Reflections on Slower Sustainable and More Inclusive Life Experience

Anil K. Gupta

Worldwide concern with advances in life extension and enhancement technologies has brought together scientists, corporate managers and ethicists together in the world Forum on Tomorrows People, Oxford University to debate the pros and cons of the current path. My contention in this paper is to suggest a reflection on an excessively technocratic approach to life enhancement and extension. A meaningful life is not just an individual life. It is embedded in social networks and collective consciousness. Focus on extension technologies for individuals distracts attention from the networks. Undoubtedly, caring institutions for the elderly are needed because lot of countries are having aged population. Perhaps in our anxiety to remain youthful forever, we have created a dilemma before the scientists and technologists who also are confronted with the problems of children, youth and physically challenged people. I discuss six key dilemma in the paper viz., (a) Why elongate the suffering? (b) Should an elderly person, on the brink of the death be given another chance, even if probability of survival is low or should the resources go for a child needing support for future? (c) Whose decision matters? (d) Whose rights matter more? (e) How to measure suffering? and (f) Who is smarter, stronger and stable?

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Working Papers | 2006

Innovation Insurgency: A New Paradigm of Engaging the Angry, Rebellion Youth of the Country

Anil K. Gupta

In the current euphoric mood of economic growth, many times we forget that there has been another extraordinary growth which should cause us concern. This is the growth in the number of districts affected by naxalite violence. According to well informed sources, there are 150 districts affected by serious or moderate violence. There are about 70 districts in which part of the region is under considerable influence of the insurgents. Why are these people so angry? Is that the only way in which public policy makers would listen to the continued indifference towards the plight of poor people in marginal environments? If these peripheral regions become the centre of policy attention, perhaps the anger, persistent and single mindedness of the insurgents can be harnessed for a creative transformation of these regions. I propose an experiment in which those members of the insurgent group who can identify, document, valorize and commercialize or diffuse through non-commercial channels, the knowledge base products are invited to become innovation insurgents. The primary concern is that the conventional struggle of poor people around jal, jungle, and jamin (water, forest and land) is transformed into a struggle for jankari' knowledge). Using the Prior Informed Consent framework and drawing upon Honey Bee Network philosophy, we could build up a movement for mobilizing the innovation insurgents to strengthen a new economy and polity. I realise that innovation insurgents initiative cannot solve all problems of natural resource management in marginal environments. However, there is a need to listen and involve the angry youth of our society, who fortunately is unwilling to be patient indefinitely with the continued injustice and exploitation.

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Working Papers | 2006

Synthesis Paper on Strengthening Policy Reforms for Transport Infrastructure Development

G. Raghuram and Rangaraj Narayan

This paper presents the results of a series of eight research papers commissioned by the Asian Development Bank and the Department of Economic Affairs, in the area of transport infrastructure development in India. The research was intended to provide primary insight in the relevant area, through a mix of field study, technology assessment, socio-economic analysis, primary data collection and analysis of managerial and policy implementation, as appropriate in each area. The research was steered by an advisory group. The eight papers cover a wide range of specific issues in different sectors within the overall transport sector. The paper also places these issues in the context of the overall transport scenario, and points to the consolidated policy implications of implementation of the recommendations of the authors. Secondary objectives were also to initiate networking in the academic and professional research community in the area, and to enable policy makers to tap such resources at a high level.

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Working Papers | 2006

Viability of Inland Water Transport in India

Rangaraj Narayan and G. Raghuram

Water based transport is effective as generally speaking, operating costs of fuel are low and environmental pollution is lower than for corresponding volumes of movement by road, rail or air. A major advantage is that the main infrastructure - the waterway - is often naturally available. This paper attempts to assess the viability of movement of passengers and freight by inland water transport in India. Inland waterways refer to rivers, canals, lakes etc. In inland water transport, the waterway, though naturally available, has to be "trained", maintained and upgraded. Transport over inland waterways is especially effective when the source and/or destination are waterfront locations. There is an overlap of this sector with coastal shipping where tidal rivers are involved. Legally, there are separate Acts covering inland waterways, the vessels that can ply on them and the setting up of the Inland Waterways Authority of India. Three waterways in the country have been designated as National Waterways (NW-1, NW-2 and NW-3).

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