CALCUTTA BUSINESS SCHOOL

COURSE: POST GRADUATE DIPLOMA IN MANAGEMENT

SUBJECT: LEGAL ASPECTS OF BUSINESS
TOPIC: “1. CAN AN ARBITRAL LAW BE SET ASIDE?
2. CYBERCRIME”

NAME: SUCHARITA SARKAR

ROLL NO.: 18027
BATCH: 2018-20
FACULTY NAME: PROF. CS DR. SANTANU MITRA
ACKNOWLEDGEMENT
A good project needs adequate time, energy, knowledge, and patience for its
completion. I have done this project with the best of my ability and hope that it
will serve my purpose. It was a unique experience and a great pleasure to work on
this project.
I am thankful to Prof. CS Dr. Santanu Mitra, my faculty guide for his valuable
guidance during the entire period for providing me with the necessary
information and assistance to complete my project.
This project is the result of hard work, dedication and perseverance. I would like
to thank my family for supporting me constantly. Finally, I am thankful to all those
personalities who directly or indirectly helped me in completion of this project.

Sucharita Sarkar Signature:

Roll No.18027
Batch 2018-20

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TABLE OF CONTENT
SL. PARTICULARS PAGE NO.
NO.
1. INTRODUCTION 4
2. CAN AN ARBITRAL AWARD BE 5
SET ASIDE?
3. THE ARBITRATION AND 6
CONCILATION (AMENDMENT)
ORDINANCE, 2015:
4. CYBERCRIME 7-8
5. I.T ACT, 2000 9
6. BIBLIOGRAPHY 10

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INTRODUCTION
WHAT IS AN ARBITRAL AWARD?
An arbitration award (or arbitral award) is a determination on the merits by an
arbitration tribunal in an arbitration, and is analogous to a judgment in a court of
law. It is referred to as an 'award' even where all of the claimant's claims fail (and
thus no money needs to be paid by either party), or the award is of a non-
monetary nature.

Damages and other remedies

Although arbitration awards are characteristically an award of damages against a
party, tribunals usually have a range of remedies that can form a part of the
award.
The tribunal may order the payment of a sum of money (conventional damages)
The tribunal may make a "declaration" as to any matter to be determined in the
proceedings
In most jurisdictions, the tribunal has the same power as a court to:
Order a party to do or refrain from doing something ("injunctive relief") to order
specific performance of a contract
To order the rectification, setting aside or cancellation of a deed or other
document.

CYBERCRIME
Cybercrime is any criminal activity that involves a computer, networked device or
a network. While most cybercrimes are carried out in order to generate profit for
the cybercriminals, some cybercrimes are carried out against computers or
devices directly to damage or disable them, while others use computers or
networks to spread malware, illegal information, images or other materials.

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 1. CAN AN ARBITRAL LAW BE SET ASIDE?

Setting aside of an award under Section 34 of the

Arbitration and Conciliation Act, 1996
An award can be set aside if,
I. A party was under some incapacity; or
II. The arbitration agreement was not valid under the governing law;
or
III. A party was not given proper notice of the appointment of the
arbitrator or on the arbitral proceedings; or
IV. The award deals with a dispute not contemplated by or not falling
within the terms of submissions to arbitration or it contains
decisions beyond the scope of the submissions; or
V. The composition of the arbitral tribunal or the arbitral procedure
was not in accordance with the agreement of the parties; or
VI. The subject matter of the dispute is not capable of settlement by
arbitration; or
VII. The arbitral award is in conflict with the public policy of India.

Limitation of Time: Section 34(3) provides that an application for

setting aside an award shall not be entertained by the Court if it is
made after three months have elapsed from the date on which the
applicant had received the arbitral award.

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The Arbitration and Conciliation
(Amendment) Ordinance, 2015:
In order to rectify these issues, Parliament passed the Arbitration and
Conciliation (Amendment) Act which came into force on October 23
2015. The Amended Ordinance, 2015 has introduced significant
changes to the Act. It is certainly a positive step towards making
arbitration speedy, efficacious and a cost effective remedy which have
been affecting arbitrations in India. With these amendments,
arbitrations in India are sought to be made more user-friendly and cost
effective.

The amendment seeks to-

1. Make arbitration in India a quicker and more streamlined process.
2. Reduce interference by the courts, make India a more attractive
destination for foreign investors.
3. And improve the ease of doing business in India.

Section 34 has been amended to give a conclusive definition to the

term “public policy” and includes:
 If the making of the award was affected by fraud or corruption.
 If it is in contravention to basic notions of morality or justice.
 If it is in conflict with the fundamental policy of India.

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 2. CYBERCRIME
Cybercrime, or computer-oriented crime, is a crime that involves a
computer and a network. The computer may have been used in the
commission of a crime, or it may be the target. Cybercrimes can be
defined as: "Offences that are committed against individuals or groups
of individuals with a criminal motive to intentionally harm the
reputation of the victim or cause physical or mental harm, or loss, to
the victim directly or indirectly, using modern telecommunication
networks such as Internet (networks including chat rooms, emails,
notice boards and groups) and mobile phones (Bluetooth/SMS/MMS)".
Cybercrime may threaten a person or a nation's security and financial
health. Issues surrounding these types of crimes have become high-
profile, particularly those surrounding hacking, copyright infringement,
unwarranted mass-surveillance, sextortion, child pornography, and
child grooming.
Common types of cybercrime include online bank information theft,
identity theft, online predatory crimes and unauthorized computer
access. More serious crimes like cyberterrorism are also of significant
concern.
Cybercrime encompasses a wide range of activities, but these can
generally be broken into two categories:
Crimes that target computer networks or devices. These types of crimes
include viruses and denial-of-service (DoS) attacks.
Crimes that use computer networks to advance other criminal
activities. These types of crimes include cyberstalking, phishing and
fraud or identity theft.

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Below is a list for some of the cybercrimes along with their
indicative explanation.

1. CHILD PORNOGRAPHY/ CHILD 13. PHISHING

SEXUALLY ABUSIVE MATERIAL 14. SPAMMING
(CSAM)
15. RANSOMWARE
2. CYBER BULLYING
16. VIRUS, WORMS & TROJANS
3. CYBER STALKING
17. DATA BREACH
4. CYBER GROOMING
18. DENIAL OF SERVICES
5. ONLINE JOB FRAUD /DISTRIBUTED DOS
6. ONLINE SEXTORTION
19. WEBSITE DEFACEMENT
7. VISHING
20. CYBER-SQUATTING
8. SEXTING 21. PHARMING
9. SMSHING
22. CRYPTOJACKING
10. SIM SWAP SCAM
23. ONLINE DRUG TRAFFICKING
11. DEBIT/CREDIT CARD FRAUD 24. ESPIONAGE
12. IMPERSONATION AND
IDENTITY THEFT

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Information Technology Act, 2000
The Government of India enacted the Information Technology (I.T.) Act
with some major objectives to deliver and facilitate lawful electronic,
digital, and online transactions, and mitigate cyber-crimes.

Salient Features of I.T Act

The salient features of the I.T Act are as follows −
Digital signature has been replaced with electronic signature to make it
a more technology neutral act.
It elaborates on offenses, penalties, and breaches.
It outlines the Justice Dispensation Systems for cyber-crimes.
It defines in a new section that cyber café is any facility from where the
access to the internet is offered by any person in the ordinary course of
business to the members of the public.
It provides for the constitution of the Cyber Regulations Advisory
Committee.
It is based on The Indian Penal Code, 1860, The Indian Evidence Act,
1872, The Bankers' Books Evidence Act, 1891, The Reserve Bank of
India Act, 1934, etc.
It adds a provision to Section 81, which states that the provisions of the
Act shall have overriding effect. The provision states that nothing
contained in the Act shall restrict any person from exercising any right
conferred under the Copyright Act, 1957.

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BIBLIOGRAPHY
• https://en.wikipedia.org/wiki/Cybercrime
• http://www.theindianlawyer.in/blog/2016/08/23/setting-aside-
arbitral-award/
• https://meity.gov.in/content/information-technology-act-2000-2
• https://www.wpupgrader.com/wordpress/impact-new-privacy-
law-gdpr-wordpress-website/
• https://www.sharda.ac.in/blog/4-main-types-of-law/
• https://cybercrime.gov.in/Webform/CrimeCatDes.aspx
• https://en.wikipedia.org/wiki/Arbitration_award

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