#ray thyssen

[deerayled]

Ray Thyssen Masterpost

This is for @smallartistocbracket​

Just Some GuyTM Ray and his best friend, the Grim Reaper.

Everything you need to know about Ray!

Appearance

176 cm (5′7)

Male

(tired) Bisexual

Green eyes, black hair

Slim build, but not a twink (he’s pretty much a Twunk)

Half Japanese/Half Dutch

His hair is quite messy and he often has unshaved stubble

looks like he hasn’t slept in 3 days

Personality

Soft and kind hearted. He really has a heart for people in need and a big desire for change. He’s a reporter and uses his writing skill set to reach the hearts of people and raise awareness for important topics. He loves to write about ordinary people.

Very curious and ridiculously impulsive. His hunger for information is never stilled. He often does a lot of stupid things, sometimes getting into trouble, because of his impulsivity.

Goofy. I wouldn’t say he’s the funniest guy you know, but he enjoys a good dose of humour and shits and giggles every now and then. And of course weird ass shenanigans.

A fucking nerd. He is a big Pokemon fan and of course loves other video games too. He is also a major bookworm and has his own personal library.

Has a big interest in the supernatural, legends and folk lore. He has a ton of books on these subjects and he knows a lot of ghost stories from the top of his head. He loves visiting creepy and possibly haunted places. And of course, he’s into horror. Might I add, he’s also a bit of a monsterfucker. Look at this man.

He LOVES cooking and is very passionate about good food. Especially Ramen, Ramen is his favourite and he will info dump on you about how amazing it is when prepared correctly. That being said, he’s also tired 24/7 and often struggles to come up with enough energy to cook for himself so instant Ramen it is.

Ray’s special talent

I can’t talk about Ray without mentioning Dee.

Ray has the unique ability to talk and see Death/The Grim Reaper, which he started lovingly calling ‘Dee’. He obtained this ability involuntarily after a near death experience in a car accident. There’s a lot to say about this but I don’t want to spoil too much, you’ll have to read the story ;D

But it’s safe to say that Dee changed his life a great deal. Even though she’s sometimes annoying and has the worst timing, they have become quite good friends. Dee has shown him aspects of life he wasn’t aware of (which is quite ironic) and in turn Ray teaches her about humans. And, of course, Dee finally gets a friend.

[themuseumwithoutwalls]

MWW Artwork of the Day (8/9/20) Charles Burchfield (American, 1893-1967) July Drought Sun (c. 1949) Watercolor on paper, 114.3 x 137.2 cm. Museo Nacional Thyssen-Bornemisza, Madrid

Edward Hopper wrote in an article about his friend Charles Burchfield that this painter’s work was “most decidedly founded not on art, but on life.” Both artists are held to be pioneers of the so-called American Scene, even though each subscribed to a very different brand of realism. Whereas Hopper’s realism always had a critical and sentimental bias, Burchfield’s art displays two opposite tendencies: a realism that criticises the unstoppable industrialization of the modern age, and a certain romantic spirit that exalts the hidden forces of nature.

“July Drought Sun” is an example of the personal, fanciful style developed by Burchfield in order to represent nature’s deepest mysteries. He began working on the painting in 1949, while teaching at the University of Minnesota in Duluth, where he met the Finnish editor of a local newspaper who described to him the views of the countryside and nature portrayed by many writers from this Scandinavian country, further heightening Burchfield’s own interest in the seasons and climatic conditions. In this summer landscape, the foreground vegetation in shades of brown is withering and parched, while the lake on the horizon appears to be evaporating in the July heat. The sun itself, painted bright orange, blazes intensely and powerfully, beating down on the dry landscape with its rays. Here the watercolors are applied in short, dynamic strokes that disturb the calm of the scenery and convey a feeling of unrest. Burchfield, a refined watercolorist, often used this technique to give expression to his impressions of nature on large sheets of paper. (Paloma Alarcó for the Museo website)

[descentale]

Descentale Concept Art: Humans of Descentale, Part 1

Top row, from left to right: Ray Montag, Tucker Holmes, Emily Thyme, Elizabeth Thyme, and Shannon Wahl.

Bottom row, from left to right: Dot Smalls, Frisk (our favorite human, of course!), Pat Thyssens, and José Rodriguez.

I’m kinda mad that my scanner can’t fit anything larger than 8.5 x 11 inches of paper inside it; part of the drawing got cut off. But... at least it’s better than the craptastic scanner inside my printer.

Fun(?) fact: Two of the characters depicted here will die in the story. And no, they will not come back to life. I won’t give any hints, but have fun speculating!

[harvardfineartslib]

French artist Jean Baptiste Simeon Chardin painted cats and fish in some of his still lifes. The most famous one is probably the work hanging in the Louvre Museum in Paris entitled “Ray.”

In a similar composition to “Ray,” Chardin painted “Still life with cat and fish.” Here, the cat is more prominent, and gets close enough to the fish to paw at it.

Since October is National Seafood Month and today is National Cat Day, we thought that Chardin’s juxtapositions of the two were particularly fitting. 

Ray Chardin, Jean Baptiste Simeon, 1699-1779, French [artist] Materials/Techniques: oil on canvas Dimensions: 114.5 x 146 cm. French 1725-1726 Repository: Musée du Louvre, Paris, France Inv. 3197 HOLLIS number: olvwork197880 Harvard Fine Arts Library, Digital Images & Slides Collection d2008.15832

 Still life with cat and fish Chardin, Jean Baptiste Simeon, 1699-1779, French [artist] Dimensions: 79.5 x 63 cm. French 1728 Repository: Museo Thyssen-Bornemisza, Madrid, Spain HOLLIS number: olvwork15272 Harvard Fine Arts Library, Digital Images & Slides Collection d2008.15838 

[theculturedmarxist]

     By    Bill Van Auken    

       5 December 2018  

As George W. Bush delivers his eulogy today at the official “national day of mourning” ceremony in Washington for his father, George H. W. Bush—the culmination of five days of non-stop panegyrics and lies about the deceased war criminal and anti-working class reactionary—it is fitting that we repost a commentary published in 2003 dealing with one critical aspect of the actual record of the Bush family.

This article exposes the fact—well known to the corporate media and the politicians of both parties—that a substantial portion of the Bush family fortune was derived from the extensive business relations over many years between the Nazis and the family patriarch, Prescott Bush, George Bush Senior’s father and “Junior’s” grandfather. The lucrative financial dealings of the banker-turned US senator with Hitler’s fascist party and its corporate sponsors in Germany continued into the war years. Thus, the family millions that gave George H. W. Bush and his children a life of privilege and boosted their political careers are bound up with the mass murder and torture of the millions of victims of the Holocaust and the German imperialist rape of Europe.

**

A presidential visit to Auschwitz

The Holocaust and the Bush family fortune

By Bill Van Auken

5 June 2003

“History is a reminder of what’s possible.” These were the words spoken by President George W. Bush as he emerged from a guided tour of the gas chambers at Auschwitz. The former Nazi death camp in Poland was one of the first stops on his seven-day tour of Europe and the Middle East.

What precisely the US president meant by this banal comment is not clear. However, given Bush’s political record—assembly-line executions in Texas, Guantanamo’s Camp X-Ray, the indefinite imprisonment of US citizens without charges, two preemptive wars—it could be open to the most sinister of interpretations.

There is no doubt that the visit to Auschwitz was choreographed to serve immediate policy objectives: invoking the horrors of Hitler’s concentration camps to further an agenda of militarism and domestic repression. Perhaps no greater disservice could be done to the memory of the six million Jews and the millions of others who were murdered by the Nazis.

In a speech delivered in Krakow that same day, Bush declared that the concentration camps “remind us that evil is real and must be called by name and must be opposed.” He continued: “Having seen the works of evil firsthand on this continent, we must never lose the courage to oppose it everywhere.”

The cause of the Holocaust, Bush suggested, was “evil.” For the US president, the word “evil” serves to cover up a multitude of sins. He has used it repeatedly to describe the Islamic fundamentalist group that carried out the September 11, 2001 terrorist attacks. On numerous occasions he has referred to the leader of Al Qaeda as “the evil one.” This particular expression serves a very immediate political purpose, since it avoids naming Osama bin Laden and thereby calling to mind the longstanding business association between the Bushes and the wealthy bin Laden family of Saudi Arabia.

The existence of “evil” constitutes the only explanation given by the Bush administration for the emergence of Islamic fundamentalist terrorism. Such a semi-mystical and religious presentation (which, of course, assumes that the United States government embodies “good”) has the advantage of precluding any consideration of politics or history. In particular, it obscures the role played by US foreign policy—Washington’s alliance with despotic oil-rich regimes such as the one in Saudi Arabia, US sponsorship of the Afghan Mujahadeen, the CIA’s covert war against secular nationalist and socialist groups in the Middle East, the unconditional support for Israel against the Palestinians—in creating the social and political conditions in which retrograde tendencies like Al Qaeda could grow.

The use of the word “evil” serves a similar function in the case of the Holocaust. This attempt to obscure the social, political and economic roots of the rise of fascism in Europe in the 1930s and the horrific crimes that followed is not unique to Bush. The adoption of anti-communism as the core of the post-World War II US ideology made any analysis of the anti-socialist roots of fascism inconvenient. Rather, communism and fascism were equated as “totalitarian” and “evil.”

“Fascism is the continuation of capitalism, an attempt to perpetuate its existence by the most bestial and monstrous measures,” wrote Leon Trotsky on the eve of his assassination in 1940. “Capitalism obtained an opportunity to resort to fascism only because the proletariat did not accomplish the socialist revolution in time.”

This was not just the opinion of Trotsky. It was widely understood that the Nazis, like Mussolini’s fascist party, had been elevated to power with the backing of big business for the purpose of smashing the socialist workers’ movement and eradicating the threat of revolution. The “final solution” that Hitler’s regime developed against the Jews was bound up with this essential mission.

In his authoritative biography of Hitler, Ian Kershaw, describing the path taken by the Third Reich to the “final solution,” noted that the war in the East—and ultimately the Holocaust itself—was portrayed in Nazi propaganda as a “crusade against Bolshevism.” Kershaw wrote:

“The more ideologically committed pro-Nazis would entirely swallow the interpretation of the war as a preventive one to avoid the destruction of western culture by the Bolshevik hordes. They fervently believed that Europe would never be liberated before ‘Jewish Bolshevism’ was utterly and completely rooted out. The path to the Holocaust, intertwined with the showdown with Bolshevism, was prefigured in such notions. The legacy of hatred towards Bolshevism, fully interlaced with anti-Semitism, was about to be revealed in its full ferocity.” (Hitler 1936-1945: Nemesis, New York and London, 2001, p. 389).

In the immediate aftermath of the war, the US occupation authorities found themselves obliged to recognize the culpability of German big business in the crimes carried out by the Nazi regime. Gen. Telford Taylor, one of the principal prosecutors in the Nuremberg war crimes trials, pressed for the conviction of some of the top German industrialists. One of these was Friedrich Flick, the co-owner of the German Steel Trust with Fritz Thyssen. From 1932 on, he was one of the main financial contributors to the Nazis and the SS.

Taylor declared in his summation to the court: “We are dealing with men so bent on the attainment of power and wealth that all else took second place. I do not know whether or not Flick and his associates hated the Jews; it is quite possible that he never gave the matter much thought until it became a question of practical importance, and not their inner feelings and sentiments.”

He continued: “The defendants were men of wealth; many mines and factories were their private property. They will certainly tell you that they believed in the sanctity of private property, and perhaps they will say that they supported Hitler because German communism threatened that concept. But the factories of Rombach and Riga belonged to someone else.”

So, one might well add, did the oil wells of Iraq.

The description given by General Taylor of the German ruling elite could, with little alteration, be applied to the predatory layer of multi-millionaires that constitutes the principal base of the Bush administration.

General Taylor, it should be noted, found himself out of step with the subsequent anti-communist historical revisionism until his death in 1998. He was among the earliest figures to publicly confront Senator Joseph McCarthy’s witch-hunt. And he was a prominent opponent of the US war in Vietnam, arguing that the trial of Lt. William Calley for the massacre of some 500 women and children at My Lai should have been extended right up the US military chain of command.

Prescott Bush and the Nazis

In Bush’s case, covering up the historical origins of fascism in Germany serves a particular, indeed personal, function. While the president’s father had dealings with the bin Ladens, his grandfather made a considerable share of the family fortune through his dealings with Nazi Germany. Some have suggested that the Bushes’ assets have their ultimate source, in part, in the exploitation of slave labor at Auschwitz itself.

From the 1920s into the 1940s—after the Second World War had begun��Prescott Bush was a partner and executive in the Brown Brothers Harriman holding company on Wall Street and a director of one of its key financial components, the Union Banking Corporation (UBC).

Together with his father-in-law George Herbert Walker—the current president’s great grandfather—Prescott Bush controlled another asset of the holding company, the Hamburg-Amerika shipping line, which was utilized by the Nazi regime to transport its agents in and out of North America.

Another subsidiary of the Harriman group, Harriman International Co., struck a deal with Hitler’s regime in 1933 to coordinate German exports to the US market.

UBC, meanwhile, managed all of the banking operations outside of Germany for Fritz Thyssen, the German industrial magnate and author of the book I Paid Hitler, in which he acknowledged having financed the Nazi movement from 1923 until its rise to power.

In October 1942, 10 months after it had entered the Second World War, the US government seized UBC and several other companies in which the Harrimans and Prescott Bush had interests. In addition to Bush and Roland Harriman, three Nazi executives were named in the order issued by Washington to take over the bank.

An investigation carried out in 1945 revealed that the bank run by Prescott Bush was linked to the German Steel Trust run by Thyssen and Flick, one of the defendants at Nuremberg. This gigantic industrial firm produced fully half the steel and more than a third of the explosives, not to mention other strategic materials, used by the German military machine during the war years.

On October 28, 1942, the US government confiscated the assets of two firms that served as fronts for the Nazi regime—the Holland-American Trading Corporation and the Seamless Steel Equipment Corporation, both controlled by UBC. A month later, it seized Nazi interests in the Silesian-American Corporation (SAC), directed by Prescott Bush and his father-in-law, George Walker.

The seizure order, issued under the Trading with the Enemy Act, described Silesian-American as a “US holding company with German and Polish subsidiaries” that controlled large and valuable coal and zinc mines in Silesia, Poland and Germany. It added that, since September 1939 (when Hitler unleashed the Second World War) these properties had been under the control of the Nazi regime, which had utilized them to further its war effort.

Among SAC’s assets was a steel plant in Poland in the same district as Auschwitz. The plant reportedly used the concentration camp’s inmates as slave labor.

Among those who have investigated the links between the Bushes and the Nazis is John Loftus, a former prosecutor in the Justice Department’s War Crimes Unit, who now heads the Florida Holocaust Museum in Saint Petersburg. Loftus has charged that the Bush family received $1.5 million from its interest in UBC, when the bank was finally liquidated in 1951. “That’s where the Bush family fortune came from: It came from the Third Reich,” Loftus said in a recent speech.

Loftus argues that this money—a substantial sum at that time—included direct profit from the slave labor of those who died at Auschwitz. In an interview with journalist Toby Rogers, the former prosecutor said: “It is bad enough that the Bush family helped raise the money for Thyssen to give Hitler his start in the 1920s, but giving aid and comfort to the enemy in time of war is treason. The Bush bank helped the Thyssens make the Nazi steel that killed Allied soldiers. As bad as financing the Nazi war machine may seem, aiding and abetting the Holocaust was worse. Thyssen’s coal mines used Jewish slaves as if they were disposable chemicals. There are six million skeletons in the Thyssen family closet, and a myriad of criminal and historical questions to be answered about the Bush family’s complicity.”

Prescott Bush was by no means unique, though his financial connections with the Third Reich were perhaps more intimate than most. Henry Ford was an avowed admirer of Hitler, and together GM and Ford played the predominant role in producing the military trucks that carried German troops across Europe. After the war, both auto companies demanded and received reparations for damage to their German plants caused by allied bombing.

Standard Oil and Chase Bank, both controlled by the Rockefellers, invested heavily in Nazi Germany, as did many of Wall Street’s leading brokerage houses. These business dealings continued after the war had begun, with Standard Oil shipping fuel to the Nazis through Switzerland as late as 1942 and collaborating with I.G. Farben, the firm that manufactured Zyklon B gas for the Nazi death chambers and operated a synthetic rubber plant using slave labor from Auschwitz.

In his book Trading with the Enemy: The Nazi American Money Plot, former New York Times reporter Charles Higham noted that the US government sought to cover up the role played by Prescott Bush and many other leading US financiers and industrialists in supporting Hitler.

He wrote that the government feared that any attempt to prosecute these figures would only provoke a “public scandal” and “would have drastically affected public morale, caused widespread strikes and perhaps provoked mutinies in the armed services.” Moreover, Higham wrote, the government believed “their trial and imprisonment would have made it impossible for the corporate boards to help the American war effort.” (Trading with the Enemy—The Nazi American Money Plot 1933-1949, New York, 1983, p. xvii).

The Roosevelt administration and powerful political figures in both parties did their best to smooth over Prescott Bush’s problems arising from his business dealings with the Nazis. He was installed as chairman of the National War Board, helping raise private funds for war-related charities. Shortly after receiving his $1.5 million payout from UBC, he ran successfully for the US Senate from Connecticut, a position he held until 1963.

A considerable section of the leading American capitalists sympathized with Nazism and shared its anti-Semitic outlook, even if not as vocally as Henry Ford. These sentiments continued to inform US policy after the war had begun, with the Roosevelt administration refusing to alter its immigration policies in the slightest to admit Jewish refugees fleeing the Holocaust, and the military rejecting requests that the rail lines to Auschwitz be bombed, on the grounds that they constituted a “non-military target.”

While Bush’s speech writers like to portray US policy in terms of moral absolutes—the struggle of good against evil—the record of complicity of the American ruling class, and the Bush family in particular, with Nazi Germany demonstrates that the only constant is the defense of the power and privilege of the ruling oligarchy by whatever means are required.

In the 1930s and 1940s this overriding consideration led George W. Bush’s grandfather to establish a profitable commercial relationship with the Nazis. In the 1980s, it underlay the alliance forged—in no small part by George W. Bush’s father, the senior President Bush—with the Islamic fundamentalists in the war against the Soviet-backed regime in Afghanistan. Today it is at the heart the younger Bush’s policies of militarism and colonialism abroad and repression and social attacks at home.

[peterschoenau]

Wie das Leben so spielt  Kindle Edition

von Peter Schönau (Autor)

 Glossen aus der Welt der Wirtschaft

  Protagonisten u.a.: Thyssen Henschel, General Dynamics, Bayer, Hoffmann La Roche, MAN, Siemens, Howaldt Deutsche Werft, Wirtschaftsministerium SH

 Produktbeschreibungen

 Kurzbeschreibung

Wie das Leben so spielt" ist eine Sammlung von Glossen – vornehmlich aus der Vergangenheit des Verfassers als Unternehmer – die vielleicht zum Schmunzeln oder – warum nicht – auch Nachdenken anregen können.

 Produktinformation

·         Format: Kindle Edition

·         Dateigröße: 1314 KB

·         Seitenzahl der Print-Ausgabe: 30 Seiten

·         Gleichzeitige Verwendung von Geräten: Keine Einschränkung

·         Verkauf durch: Amazon Media EU S.à r.l.

·         Sprache: Deutsch

·         ASIN: B07N7FDY17

·         Text-to-Speech (Vorlesemodus): Aktiviert 

·         X-Ray: Nicht aktiviert 

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·         Screenreader: Unterstützt 

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[life-in-a-shoe]

Madrid! Pics from around the city: . 1. Ayuntamiento/City Hall 2. Cuartel General de la Armada/Spanish Navy Headquarters 3. Palacio de Cristal/Crystal Palace (@shabyt ❤️❤️❤️) 4. Charles Ray Exhibit in Palacio de Cristal 5. Puerta de Alcala/Alcala Gate 6. Callos a la Madrileña 7. Rooftop view from Hotel Suecia 8. Balenciaga exhibit at Museo Thyssen-Bornemisza (Thanks for the recommendation @miguelific ) . . . Me encanta 😍 #madrid #spain (at Madrid, Spain) https://www.instagram.com/p/B0hNOT-hmFk/?igshid=1i0t7b0yvapbq

[fromwinnipeg2everywhere]

Spain and Portugal Scorching Hot Summer Vacation

This vacation was originally scheduled for October but because of work conflict, we moved it to August. There are many reasons why we don’t like travelling in the summer: it’s expensive, it’s crowded, the good restaurants are closed, but the biggest reason is the heat. We don’t do guided tours so a lot of our vacation is spent just walking from one place to another, trying to get to as many places and see as many things as possible in one day, and when it is hot, we tend to hide out in our hotel in the middle of the day to escape the heat. However, on the positive side, we did get a lot more time to relax and take power naps during the day, which helps us re-energize and stay out later in the evening. We are now getting to the age where we need to take breaks to rest the joints and have naps lest we fall asleep by 9PM!

Barcelona

The first stop for this trip was Barcelona. From the Barcelona El Prat airport, we took the Metro to Estacio de Franca which is in front of our hotel, Hostal Orleans. From El Prat Airport terminal 1, there is a shuttle that takes you to terminal 2. From terminal 2, you can take Metro R2 North to Passeig de Gracia, then transfer to an R2 South train that would take you to Estacio de Franca. Google will tell you to transfer at Barcelona Sants, which is fine as well, but then you would have to change platforms. If you transfer at Passeig de Gracia, you just wait for the R2S train on the same platform where you get off the R2N train. We bought the T10 ticket which my husband and I shared. The T10 ticket costs €10 and it is good for ten trips and can be shared, whereas a single trip ticket costs over €2 so the T10 is a very economical option if you will use the metro more than a couple of times.

I had very high expectations for Barcelona because everyone who has ever visited has raved about it. I enjoyed it very much and it is a very beautiful city, but I did not fall in love with it as much as others have, and I think it was because of the reasons for not travelling in the summer that I mentioned above. Compared to the other two cities we visited on this trip, I would say Barcelona was probably the most popular among tourists. Everywhere you go, there’s hordes of people, and I would go out on a limb and say they are not locals. The day before leaving for Barcelona, we heard on the news that there are some locals protesting mass tourism. As much as I love to travel and visit the world’s popular cities, I do understand why the protests are happening. Can you imagine being driven out of your own city by tourists? Not being able to find affordable places to live because they have all been converted to Airbnb’s? Having your favourite diner be replaced by tourist traps selling horrible food? I hope these cities find a happy balance where locals can still find affordable housing within their city centre, preserve their culture and still hosts visitors. As a traveler, I would still like to visit a city and go to places where locals actually do eat and hang out, and not have to worry about whether an establishment is a tourist trap or not.

A week after we left Barcelona, tragedy struck as the city became a victim of a terrorist attack. Many people lost their lives on Las Ramblas on August 17, 2017. After hearing about the attack, I felt a mix of sadness for the people who lost loved ones, anger at the person who carried out the attack, relief that we were no longer there, and shame because of the relief I felt. But one thing I did not feel was fear. If you had asked me then if I would visit Barcelona again and walked down Las Ramblas again, my answer would be an unequivocal yes. I refuse to be cowed by hateful people and I will not allow fear to stop me from traveling.

While in Barcelona, we visited Park Guell, Casa Batllo and Sagrada Familia.  I was not familiar with Antoni Gaudi and his work prior to coming to Barcelona. I would have to say that I’m not a fan, but I can’t articulate why. I am not an expert so the best thing I can come up with is that it was just a little too “weird” for me. For example, the Sagrada Familia from afar looked amazing, but once I examined the details, there were a lot of questions that popped in my head like, why are the spires fruits? Why is there a Christmas tree? Why does it feel like I’m inside the Tardis instead of a church? Don’t get me wrong, if you are in Barcelona, Gaudi’s works are “must-sees” but feel free to form your own opinions of them.

Some of the other places we visited are Barceloneta Beach and Park de la Ciutadella. I enjoyed both places because it did not feel crowded (even though it was) and both places were good for just relaxing and people watching. The beach was within walking distance from our hotel, so we went there first thing in the morning before it got too crowded and too hot. I don’t (can’t) swim so I just stayed on the beach but the hubby says the water was perfect.  Park de la Ciutadella is perfect at sun down when people are taking leisurely strolls in the park or just winding down.  

One of the highlights of Barcelona was the Picasso Museum. I have seen a lot of Picasso’s work in museums but this is the first time I have ever seen his earlier paintings, pre-cubism. We were lucky enough to also see Guernica in Madrid on this trip as well, so we got a pretty comprehensive sampling of his work and masterpieces. We arrived at the museum shortly before it opened and the lineup wasn’t too bad. We bought our tickets online so we got to go straight in and enjoy the exhibit before the galleries filled up with other visitors.

The rest of the time in Barcelona we spent just exploring the neighbourhoods. Every single street in Barcelona is filled with street art and it made each street unique and interesting. The architecture of course is prototypically European, meaning it is amazing and beautiful and awe-inspiring. I loved the character of the cobblestone paths and I particularly enjoyed the balconies.  The buildings seem to be a combination of commercial spaces on the ground floor and residential on the upper floors. This combination means there’s always foot traffic which made the city felt alive and safe. There are restaurants and shops everywhere, but because of summer holidays, one of the restaurants we were looking most forward to visiting, Tickets Bar, was closed.  I did indulge in a lot of paellas in Barcelona, but not as much sangria as I hoped.

We spent a total of four nights in Barcelona and although we covered all the must-sees in the travel guides, there was this feeling that I didn’t see enough or that I didn’t see what I wanted. Don’t get me wrong, we had a lot of fun, but I was waiting to fall in love with the city, and I just didn’t get there. I will have to go back someday and try again.

Madrid

From Barcelona, it was a two-hour and 45-minute ride from Barcelona Sants to Madrid Atocha on a Renfe train. Train fares in Spain are among the most expensive I’ve seen so far in Europe, but I would still rather go on the train than on an airplane. The seats are comfortable; they are fast and on time. In Barcelona Sants, you must go through security where they x-ray your baggage before you can get into the long-distance platforms, so make sure you arrive a little earlier than you normally would on a European train station. From Madrid Atocha, we took the Metro to Praktik Metropol Hotel located just beside the Gran Via metro station. In Madrid, you must specify your destination train station when you buy a ticket and it determines the fare for you depending on the destination. I like this system better than having to try and figure out which zone I am in and which zone I am going (yeah, that’s right Munich, looking at you right now…)

We visited the three most popular museums in Madrid. The first one we visited was the Prado Museum. Having seen Picasso’s Las Meninas in Barcelona, I was very curious to see the original that inspired it. I’m not a fan of big museums or classical paintings so the Prado wasn’t quite up my alley, but the hubby enjoyed it immensely. Next on the itinerary was the Museo Reina Sofia. We were very lucky because it is Picasso’s Guernica’s 80th anniversary, and the museum was hosting a temporary exhibit that showcased several Picasso masterpieces from around the world. I actually noticed a painting that I have seen before at the Tate in London displayed for this show (sometimes it amazes me what my brain remembers). I have not heard of Guernica (both the painting and the place) prior to coming to Madrid. I don’t ever remember a painting having such an emotional impact on me as this one. This is not the first painting that depicted death and suffering and evil, but seeing this painting the day after the Charlottesville Nazi march made me realize that the evil views that caused all the pain and suffering 80 years ago still exist. It made me angry how some people seem to have not learned from history and it made me feel sad knowing that because there are still people walking around proud of Nazi ideology, there will be people who will consequently suffer as a result. The last museum we visited was the Thyssen-Bornemisza Museum. We visited on a Monday when admission is free and I was expecting it to be a disastrous experience, however, it was not as crowded as I thought it was going to be. The queue to get in was manageable and it took no time to get in at all. There were no masterpieces in this museum, but they do have in their collection some works from Van Gogh, Monet, Picasso and Chagall.

Aside from museums, we also visited the popular tourist spots in Madrid such as Plaza Mayor, El Retiro Park, Puerta del Sol and we even got to shop around a little bit at Rastro. Madrid was also full of tourists but for whatever reason, it did not feel as crowded as Barcelona. We enjoyed Retiro Park quite a bit. We arrived later in the afternoon with the intention of waiting for sunset at the park. There seemed to be a lot of locals and tourists alike in the park. We stayed until a little bit after dark and it still felt quite safe, although we did not hang around to find out when it starts feeling unsafe.

One of the things I like most about travelling is doing something that we’ve never done before and in Madrid, we did that by visiting a cat café! We have two fur babies of our own but we have never been to a cat café before.  A few meters away from Reina Sofia is La Gatoteca which is more of a cat shelter than a café. It was a place that allowed you to visit and interact with the cats up for adoption. We always miss our cats when we are on holidays, so it was nice to get to hang out with some local cats for an hour in the middle of our trip.

Just like Barcelona, a lot of the good restaurants in Madrid were closed for vacation in August. Madrid has quite a few Michelin-starred restaurants but literally none of them were open while we were there, consequently we had a lot of meals from McDonald’s, Subway and Taco Bell.

We spent three nights in Madrid and on the fourth night, we again got to experience something new – we took the night train out of Madrid to Lisbon. From Madrid Chamartin station, the Trenhotel leaves just before 10PM and arrives at Lisbon first thing the following morning, at around 7AM. We booked a first-class ticket on the Trenhotel which gives you your own private cabin with a shower and everything. These cabins sell out fast so if you are interested, make sure you book one as soon as the booking window opens which is about 90 days prior to the date of travel.  The tickets are not cheap, it almost cost the same as booking a super fancy, 5-star hotel room, and the accommodations are the opposite of a super fancy, 5-star hotel room. The cabin is small and outdated, the toilet and shower are clean enough but definitely not the quality you would expect for the price you paid, however, I did my research before booking and I knew what to expect so I was not disappointed. You could get to Lisbon much cheaper and much faster by flying, but we were after the experience. And that experience is sleeping on the top bunk on my own because my hubby and I won’t fit in one bed (which is saying something because we are both tiny) and being jostled around on the bed the entire journey (a Gravol is an absolute must before boarding the train if you don’t want to throw up on your bed).  Would I do it again? Maybe, but I probably won’t book a private cabin anymore, the hubby and I can sleep in separate carriages for much, much cheaper. Was it a cool experience? Absolutely, in our opinion it was worth it.

Lisbon

So, after a semi-good night’s sleep on the train, we arrived at Lisboa Oriente station nice and early on a Tuesday morning.  From Lisboa Oriente, we took the Red line to Sao Sebastiao then from there transferred to the Blue line going to Terreiro do Paco. Terreiro do Paco is a big station and we exited at a door near a port. I forgot to google the way from the train station to our hotel, Largo da Se Guesthouse, but I knew the general vicinity of it so we walked towards it, and in Lisbon, walking actually means climbing half the time. The streets were all cobble­­stone and they all felt like they are on a 45-degree incline so by the time we found our hotel dragging our heavy luggage, that ten-minute walk felt like a ten kilometre marathon. We always say we will pack light, and we did pack significantly lighter this time around but I feel we can do better next time.

We had no expectations for Lisbon. The only reason we added Lisbon to this trip is because geographically, it made sense and we wanted to visit another city outside of Spain. Historically, when we have zero expectations, that is when we have the best time, and this is no exception. The hubby and I both fell in love with Lisbon. The city was beautiful, every twist and turn brings you to a quaint little street or a miradouro with sweeping views of the city and the ocean. The old-fashioned trams climbing the hills of Alfama is so unique and finally, we found a Michelin-starred restaurant that did not take an August break (yay Belcanto)! My husband couldn’t get enough of the Pasteis de Nata, and we both loved just sitting on an outdoor patio listening to street buskers and drinking porto, moscatel or ginja.  

We lucked out that we found a hotel just steps away from the Se Cathedral and the Alfama neighbourhood. Although crowded, this area didn’t feel touristy compared to the Rua Augusta area for example. We were able to appreciate the beauty of the city by waking up just before the sun rises and walking around before everybody else wakes up. The trams and squares are empty; the temperature is perfect and you get to see the locals out and about doing their thing.  We explored Alfama then somehow find our way down to Praca Figueira then through the Chiado streets then up to Bairro Alto then down again to have lunch at Mercado Da Ribeira Nova. After lunch, we would nap (okay fine, sleep) and then head out again when the sun isn’t as high. We watched one sunset at Torre de Belem, and another one at the Miradouro de Santa Luzia. In the morning, we would catch the sunrise at Praca Comercio then we would catch Tram 28 and go from one end to the other and not have to fight for seats. In the evening, we would walk up and down Rua Augusta weaving in and out of shops, and looking at the meals that people are eating on the outdoor patios. Every day and every night, we explored a different street and saw something new.

Just outside the city via short train rides are more places to visit. We went to Sintra and explored the Castelo dos Mouros. Many go to Sintra to visit the Pena Palace, but we have been to our fair share of palaces and although they are all beautiful, they’re pretty much very like each other (and none have surpassed Florence’s Palazzo Vecchio in my opinion). The Castelo dos Mouros provides beautiful panoramic ocean views of Sintra and you also have a pretty good view of the Pena Palace from here. If you must visit Pena Palace, then it is about a five-minute walk from the front gate of the castle. I have read somewhere that you can walk from the Sintra train station to Pena Palace, but I’m not sure that I would recommend it. Distance-wise, it does not look far, but it really is quite the hike. For €5,50, you can get a roundtrip ticket on a bus that takes you up to the castle and then back down. Don’t make the mistake that we did and line up at the Scotturb/Tourist office across the bus/train station – I don’t know why people line up there, but eventually I realized that you can pay on the bus (there’s staff that goes down the bus queue to collect payment and issue tickets). From the train station, make a beeline to the bus station just down the street and take the earliest bus that you can. I would recommend going straight to Castelo dos Mouros or Pena Palace. People who tried to get on the bus anywhere in between were unable to because the buses were packed. The earlier you get to these places, the earlier you can get out and then you don’t have to fight for space on the bus on the way down to town again. A lot of people complain about the bus service, but considering the number of people they must accommodate, I would say they are doing a pretty good job. We were also supposed to do Cascais on the same day trip but changed our minds and just headed back to Lisbon shortly after lunch. We never did make it out to Cascais.

One of the most confusing things about Lisbon is their public transportation system.  Don’t get me wrong, the signs on the trains and stations are clear, but it was the payment system that took me awhile to figure out. When you arrive at a train station to buy a ticket, you are presented with several options. With any option you pick, you must load that option into a Viva Viagem card that costs 50 cents, but it is a reloadable card. You would use this card to swap in and out of metro stations, or to scan yourself onto a tram or bus. You can buy a day pass for around €6 and this is good for 24 hours’ worth of travel on the Carris network (trams, buses, city metro, funiculars and the Elevador de Santa Justa). This is a pretty good deal if you will be on and off the trams a lot, and it pretty much pays for itself when you use it on the Elevador de Santa Justa. We did a lot of walking, so this one wasn’t ideal for us. Another option you have is buying just a single ticket for €1.45, but this means you’d have to load your card each time you use it.  You can also pay on board the city bus (€1.85) or the tram (€2.90), but obviously that way is more expensive and to be honest, it is very annoying because the driver has to manually take your money and even provide change in some instances. The option we picked is the “Zapping” option. It is essentially loading a pre-determined amount on your card to use like a single ticket each time you use it, but the difference is that it’s so much cheaper. You have the option to load set amounts on your Viva Viagem card. We picked the €15 option (in hindsight this was a mistake and should have picked the €10). Then each time you get on the metro, the tram or the bus using the zapping card, it charges you €1.30. This is a good deal especially for the tram! You can also use your zapping card on the CP network. The trains that take you to Sintra or Cascais are on the CP network. Usually, train fare is €2.15 but if you use your zapping card, it will charge you only €1.85, however, please note that you can’t use on the Scotturb buses while you are in Sintra or Cascais. I have read somewhere that if at the end of your trip, you have unused load on your card, you can go to a Metro station staff and ask for a refund, but I was told when I did this that they do not allow it. I don’t know if it was just an error in communication (maybe I didn’t ask the correct question?), but just in case, err on the safe side and load the lower amount and just reload it if necessary.

I would love to visit Lisbon again, maybe in the fall when it is a little cooler and a little less crowded. Maybe next time we’ll catch a fado show or explore the beaches outside of the city. I would love to come back just to explore the neighbourhoods some more because I’m sure there are a lot of hills we haven’t climbed and miradouro views we didn’t see. From Lisbon, it is only a short metro ride to the Airport. Lisbon airport is huge, but it is very well organized.  At the airport, it is worth noting that after the initial security check, there is another passport check just before you go to the gates. This was a little deceiving because usually, once you get past security and you are in the restaurant area, you can just proceed to the gate after that. We didn’t realize that we had to line up one more time, so make sure you allow time for this.

It has been a month since we got back home and the trip always feels officially over once I have written about it and the hubby has processed all the pictures from it. It’s time to get back to work and start saving up some money and vacation days for our next adventure. We already have concrete plans for next year, visiting some familiar places and some new ones. Maybe on our next adventure, we can finally meet our goal of packing light. As always, I can hardly wait!   

[caveartfair]

How Studying Your Dreams Can Help Your Art Practice

The Dreamer of Dreams, . Tyler Shields Tinney Contemporary

For centuries, artists seeking inspiration have dipped into dreams—those strange, at times psychic visions, born in sleep, where reality’s grip on the mind loosens.

Salvador Dalí and his cohort of Surrealists most famously used dream analysis to channel the unconscious into trippy artworks depicting alternate realities, hybrid creatures, and uncanny objects. Renaissance and Romantic artists harnessed dreams as creative fodder, too. Take Hieronymus Bosch’s hallucinatory hellscapes, or William Blake’s paintings of ethereal, intertwined figures floating in interstellar fairy dust.

Even Post-Impressionist artists like Vincent van Gogh and 20th-century British painter Francis Bacon credited bursts of creativity to moments when their waking mind slipped deliciously into dreamworlds. “If I sit and daydream, the images rush by like a succession of colored slides,” said Bacon. Van Gogh once revealed, “I dream my paintings, then I paint my dreams.”

Sleeping Woman, circa 1930. Man Ray Heritage Auctions

There’s little question of the ripe connection between artistic output and dreams. But how does one go about using these sleep-induced visions to fuel creativity, let alone remembering them after waking?

Dalí offered his own, typically eccentric, answers to these questions in 1948 when he published his famed guide to artmaking, 50 Secrets of Magic Craftsmanship. In an early chapter dubbed “The Secret of the ‘Slumber with a Key,’” he prescribed a special brand of very short nap (“less than a minute”) to fruitfully access the dreamworld.

The trick to this siesta, he explained, is to hold a heavy key; it will tumble from your hand just after you fall asleep, awakening you in a moment when your dreams are still vibrant. In this way, the visions that materialized in sleep remain easily recordable and translatable into authentic, raw, original artwork. “What you prevent yourself from doing and force yourself not to do, the dream will do with all the lucidity of desire and without any of the blindness,” the artist explained.

Other instructions Dalí doles out for vivid dreaming include swathing your pillow with fragrances that “evoke concrete periods of your adolescence”; playing melodies “associated with a memory...quietly while you sleep”; or casting a “very intense light on our pupils” to induce more colorful dreams.

He even recommends a dream-inducing meal of “three dozen sea urchins, gathered on one of the last two days that precede the full moon.”

Dream caused by the Flight of a Bee around a Pomegranate a Second before Waking up, 1944. Salvador Dalí Museo Thyssen-Bornemisza, Madrid

Of course, the Spanish surrealist hasn’t been the only one to conceive recipes for unlocking the creative power of dreams. More recently, a number of psychologists, psychoanalysts, and dream coaches have also offered suggestions on how to mine the unconscious for artistic inspiration.

Kim Gillingham, a former actor turned dream coach, has spent the better part of her adult life guiding artists through their dreams and developing strategies for shepherding the unconscious into creative work. Inspired by her studies with famed Jungian psychoanalyst Marion Woodman, Gillingham believes that dream analysis can open up new creative channels. “If we’re deriving our work from the ego or the thinking mind, we’re almost destined and doomed to regurgitate and repeat what we’ve already taken in,” she explained. “But by diving down and making contact with the creative source—the unconscious—we have the chance to bring fresh material through.”

When Gillingham works with artists, she doesn’t “analyze or solve” their dreams, as she explained. Instead, she helps them identify the dream’s most vivid symbols—and how to incorporate them into artmaking. To start, all artists are asked to recall a dream, which they talk through with eyes closed, and explore its most potent imagery. Gillingham then guides them through movement and breathing exercises that help to surface “the different energies and symbols from the dream,” she said. Finally, students are encouraged to paint, draw, or sculpt with clay, “working intuitively with however [the dream] wants to come through.”

In this final stage, Gillingham encourages artists to work outside of their chosen medium. “If you’re a painter, then work with clay, or if you’re a dancer, then paint,” she explained. “Choose a medium where the ego is a little bit weaker so that the unconscious can lead the way.”

Lost in the Landscape, 2015. Lin Yi-Pei Yiri Arts

Many of Gillingham’s students find that these exercises help them tackle creative block or find a new way of working. Gillingham considers the greatest benefit of this type of work to be “the liberation available when you stop trying to be good or right, and instead switch your focus to be a surrendered instrument for the unconscious to come through.”

Generally, psychologists also believe dream analysis can spark creativity. “Dreams are just thinking in a different biochemical state,” Harvard University psychologist Deirdre Barrett has said. “In the sleep state, the brain thinks much more visually and intuitively.”

Dr. Michelle Carr, whose research focuses on REM sleep and dreams, agrees. In a 2015 article, she dissected Dalí’s suggestions for dream analysis with a scientific eye. In her assessment, Dalí’s theory of “Slumber with a Key” was on point. The artist’s brief nap, it turns out, facilitated a hypnagogic sleep state: a type of sleep, just before awakening, when “the mind is fluid and hyper-associative, allowing creative connections to form, connections between seemingly remote concepts that you may not realize in the structure of waking thought,” she said. “In other words, in this state your mind is able to bring together distant ideas in a new way.” For most artists, that is a dreamy phenomenon indeed.

from Artsy News

[loyallogic]

Stamping of Foreign Arbitration Awards in India – Analysis of Supreme Court’s ruling in M/S. Shri Ram EPC Limited Vs Rioglass Solar SA

In this article, Jay Karnawat discusses the Law pertaining to stamping of Foreign Arbitration Awards in India in the light of Supreme Court’s ruling in M/S. Shri Ram EPC Limited Vs Rioglass Solar SA[1].

In a recent ruling by the Supreme Court bench of Justice Indu Malhotra and Justice R Fali Nariman delivered on 13.9.2018, the apex Court has settled the position of law pertaining to the requirement of stamping of foreign arbitral awards. The Court affirmed the Madras High Court’s Judgement in the case of Narayan Trading Co. v. Abcom Trading Pvt. Ltd. [2]and held that foreign awards are not required to be stamped.

Before moving on to the analysis of M/S. Shri Ram EPC Limited Vs Rioglass Solar SA, let us get a brief idea pertaining to enforceability of foreign arbitral awards.

Enforceability of foreign arbitral awards

There are two conventions pertaining to enforcement of foreign arbitral awards.

First is Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (“New York Convention”) and,

Second is the Geneva Convention on the Execution of Foreign Arbitral Awards, 1927 (“Geneva Convention”).

India is signatory to both the conventions.  Being a signatory, if it receives an award from another signatory, the award would then be enforceable in India.

Enforcing a foreign award in India requires adherence to two-stage process. First of which is filing a petition for the execution of the award. Thereafter, the court would examine that whether the award complied with the requirements mentioned in the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”), if yes, then it would be enforceable as a decree.

Judicial trends on the requirement of Stamping of Foreign Awards

In the case of Naval Gent Maritime Ltd v Shivnath Rai Harnarain[3], Delhi High Court held that a foreign arbitral award is not required to be registered as it is considered as decree. Non-stamping of the award will not make it un-enforceable. The High Court of Bombay adopted the same view in the ruling of Vitol S.A v. Bhatia International Limited[4]

The Supreme Court in the case of Thyssen Stahlunion Gmbh vs. Steel Authority of India[5] held that the only significant difference in the provisions of the Act and the Foreign Awards (Recognition & Enforcement) Act, 1961 is that in the former, a foreign award is considered to be already stamped as decree whereas in the latter a decree follows the award.

Analysis of M/S. Shri Ram EPC Limited Vs Rioglass Solar SA

Brief facts

In arbitration proceedings between Shriram EPC Limited (hereinafter referred to as “Petitioner”) and Rio Glass Solar SA (hereinafter referred to as “Respondent”), the arbitral award was given in London as per the ICC rules. The award was challenged by the petitioner under Section 34 of the Act. The court dismissed the petition and held that no petition is maintainable against foreign awards under Section 34.

The Single Judge of the High Court of Madras allowed the petition for enforcement of the award by the Respondent. The petitioner then filed an appeal before the Division Bench of Madras High Court which was also dismissed. Thereafter the petitioner filed a Special Leave Petition before the Supreme Court.

The main issue identified by the Supreme Court was, whether the term ‘award’ in Schedule I of the Indian Stamp Act, 1899, include in its ambit foreign awards as well?

Click Here

Arguments by appellant

The appellant contended that, as per Article III of the New York Convention, stamp duty, which falls under the category of fees or charges levied in order to ensure recognition and enforcement of the foreign award, shall be enforced as per the rules and regulations of the territory where the award is sought to be enforced.

Cases relied upon by the Appellant

Senior Electric Inspector and Ors v Laxminarayan Chopra[6]

In this case the Supreme Court observed that an act must be construed as on date. The petitioner in the present case contended that it is not reasonable to confine legislature’s intention to a meaning attributable to a word prevailing at the time when it was made.

Arguments by Respondents

The respondent on the other hand contended that the expression ‘award’ in Schedule I of the Act has never been extended to include in its ambit, foreign awards. In order to enforce foreign awards in India, one needs to follow the requirements mentioned under Section 48 of the Act only.

Cases relied upon by the Respondent

Narayan Trading Co. v. Abcom Trading Pvt. Ltd

In this case, the Madhya Pradesh High Court held that, as per the Act, foreign award is made enforceable as a decree and there has been no amendment in the act to construe that stamp duty is payable on foreign awards

Judgement

To answer the question the court resorted to the history of the act and came to the conclusion that the term ‘award’ never included a foreign award from the very inception till date even after the enactment of the Arbitration (Protocol and Convention) Act, 1937 and/or the Foreign Awards (Recognition and Enforcement) Act, 1961.

The Supreme Court rejected the contention of the appellant that even if stamp duty is payable on a foreign award, it won’t be contrary to Public Policy under Section 48(2) (b) of the Act. In support of this the Court held that Stamp Act, 1899 being a fiscal statute dealing with India’s economy thereby making it par with the fundamental policy of Indian Law.

Moreover, the Court relied upon the case of Fuerst Day Lawson Ltd. v. Jindal Exports Ltd [7] wherein it was held that a foreign award is considered to be already stamped and as per the Act, it is enforceable as a decree.

From the above discussion, it can be concluded that the controversy pertaining to the enforcement of Non-stamped foreign award is settled. The decision of the Supreme Court boosts India’s image as a country which encourages out of court settlement.

References

[1] (2018) SCC Online 1471

[2] (2001) 6 SCC 356

[3] 174 (2009) DLT 391

[4] 2014 SCC OnLine Bom 1058

[5] (1999) 9 SCC 334

[6] (1962) 3 SCR 146.

[7] (2013) 2 MPLJ 252.

The post Stamping of Foreign Arbitration Awards in India – Analysis of Supreme Court’s ruling in M/S. Shri Ram EPC Limited Vs Rioglass Solar SA appeared first on iPleaders.

Stamping of Foreign Arbitration Awards in India – Analysis of Supreme Court’s ruling in M/S. Shri Ram EPC Limited Vs Rioglass Solar SA published first on https://namechangers.tumblr.com/

[juudgeblog]

Stamping of Foreign Arbitration Awards in India – Analysis of Supreme Court’s ruling in M/S. Shri Ram EPC Limited Vs Rioglass Solar SA

In this article, Jay Karnawat discusses the Law pertaining to stamping of Foreign Arbitration Awards in India in the light of Supreme Court’s ruling in M/S. Shri Ram EPC Limited Vs Rioglass Solar SA[1].

In a recent ruling by the Supreme Court bench of Justice Indu Malhotra and Justice R Fali Nariman delivered on 13.9.2018, the apex Court has settled the position of law pertaining to the requirement of stamping of foreign arbitral awards. The Court affirmed the Madras High Court’s Judgement in the case of Narayan Trading Co. v. Abcom Trading Pvt. Ltd. [2]and held that foreign awards are not required to be stamped.

Before moving on to the analysis of M/S. Shri Ram EPC Limited Vs Rioglass Solar SA, let us get a brief idea pertaining to enforceability of foreign arbitral awards.

Enforceability of foreign arbitral awards

There are two conventions pertaining to enforcement of foreign arbitral awards.

First is Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (“New York Convention”) and,

Second is the Geneva Convention on the Execution of Foreign Arbitral Awards, 1927 (“Geneva Convention”).

India is signatory to both the conventions.  Being a signatory, if it receives an award from another signatory, the award would then be enforceable in India.

Enforcing a foreign award in India requires adherence to two-stage process. First of which is filing a petition for the execution of the award. Thereafter, the court would examine that whether the award complied with the requirements mentioned in the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”), if yes, then it would be enforceable as a decree.

Judicial trends on the requirement of Stamping of Foreign Awards

In the case of Naval Gent Maritime Ltd v Shivnath Rai Harnarain[3], Delhi High Court held that a foreign arbitral award is not required to be registered as it is considered as decree. Non-stamping of the award will not make it un-enforceable. The High Court of Bombay adopted the same view in the ruling of Vitol S.A v. Bhatia International Limited[4]

The Supreme Court in the case of Thyssen Stahlunion Gmbh vs. Steel Authority of India[5] held that the only significant difference in the provisions of the Act and the Foreign Awards (Recognition & Enforcement) Act, 1961 is that in the former, a foreign award is considered to be already stamped as decree whereas in the latter a decree follows the award.

Analysis of M/S. Shri Ram EPC Limited Vs Rioglass Solar SA

Brief facts

In arbitration proceedings between Shriram EPC Limited (hereinafter referred to as “Petitioner”) and Rio Glass Solar SA (hereinafter referred to as “Respondent”), the arbitral award was given in London as per the ICC rules. The award was challenged by the petitioner under Section 34 of the Act. The court dismissed the petition and held that no petition is maintainable against foreign awards under Section 34.

The Single Judge of the High Court of Madras allowed the petition for enforcement of the award by the Respondent. The petitioner then filed an appeal before the Division Bench of Madras High Court which was also dismissed. Thereafter the petitioner filed a Special Leave Petition before the Supreme Court.

The main issue identified by the Supreme Court was, whether the term ‘award’ in Schedule I of the Indian Stamp Act, 1899, include in its ambit foreign awards as well?

Click Here

Arguments by appellant

The appellant contended that, as per Article III of the New York Convention, stamp duty, which falls under the category of fees or charges levied in order to ensure recognition and enforcement of the foreign award, shall be enforced as per the rules and regulations of the territory where the award is sought to be enforced.

Cases relied upon by the Appellant

Senior Electric Inspector and Ors v Laxminarayan Chopra[6]

In this case the Supreme Court observed that an act must be construed as on date. The petitioner in the present case contended that it is not reasonable to confine legislature’s intention to a meaning attributable to a word prevailing at the time when it was made.

Arguments by Respondents

The respondent on the other hand contended that the expression ‘award’ in Schedule I of the Act has never been extended to include in its ambit, foreign awards. In order to enforce foreign awards in India, one needs to follow the requirements mentioned under Section 48 of the Act only.

Cases relied upon by the Respondent

Narayan Trading Co. v. Abcom Trading Pvt. Ltd

In this case, the Madhya Pradesh High Court held that, as per the Act, foreign award is made enforceable as a decree and there has been no amendment in the act to construe that stamp duty is payable on foreign awards

Judgement

To answer the question the court resorted to the history of the act and came to the conclusion that the term ‘award’ never included a foreign award from the very inception till date even after the enactment of the Arbitration (Protocol and Convention) Act, 1937 and/or the Foreign Awards (Recognition and Enforcement) Act, 1961.

The Supreme Court rejected the contention of the appellant that even if stamp duty is payable on a foreign award, it won’t be contrary to Public Policy under Section 48(2) (b) of the Act. In support of this the Court held that Stamp Act, 1899 being a fiscal statute dealing with India’s economy thereby making it par with the fundamental policy of Indian Law.

Moreover, the Court relied upon the case of Fuerst Day Lawson Ltd. v. Jindal Exports Ltd [7] wherein it was held that a foreign award is considered to be already stamped and as per the Act, it is enforceable as a decree.

From the above discussion, it can be concluded that the controversy pertaining to the enforcement of Non-stamped foreign award is settled. The decision of the Supreme Court boosts India’s image as a country which encourages out of court settlement.

References

[1] (2018) SCC Online 1471

[2] (2001) 6 SCC 356

[3] 174 (2009) DLT 391

[4] 2014 SCC OnLine Bom 1058

[5] (1999) 9 SCC 334

[6] (1962) 3 SCR 146.

[7] (2013) 2 MPLJ 252.

The post Stamping of Foreign Arbitration Awards in India – Analysis of Supreme Court’s ruling in M/S. Shri Ram EPC Limited Vs Rioglass Solar SA appeared first on iPleaders.

Stamping of Foreign Arbitration Awards in India – Analysis of Supreme Court’s ruling in M/S. Shri Ram EPC Limited Vs Rioglass Solar SA syndicated from https://namechangersmumbai.wordpress.com/

[rougestock]

Theo Van Doesburg, pseudonyme de Christian Emil Marie Küpper, 1883-1931, Néerlandais 

- Axonométries, recherches de compositions, plans/surfaces, pas d’illusions de perspectives, perspective cavalière, 

“La planéité de la toile tendue sur le châssis ainsi que les qualités colorées distinguent, notamment, la peinture de la sculpture ou de l’architecture.”

“En 1918, il parvient à la solution de la grille pour abolir toute conception illusionniste de l’espace et atteindre l’abstraction. Les vitraux conçus pour des maisons particulières, dans le quartier de Spangen à Rotterdam (cat. rais. n o 612), sont élaborés à partir d’une trame orthogonale d’épaisses lignes noires enserrant des plans colorés. Ce principe structural est poursuivi dans la série des « Compositions avec dissonances » de mars-mai 1919, avec lesquelles il élabore « un nouveau concept artistique rendant les surfaces entièrement indépendantes » (lettre à Vantongerloo, 8 mars 1919). Le titre Décomposition sous lequel Peinture pure a été exposée dans les années 1920 (La Haye, « La Section d’Or », 11 juillet-1 er août 1920) avant de prendre son nom actuel à l’exposition du Salon des Indépendants à Paris, en 1929, est significatif des deux formules d’« élémentarisation » et d’« intégration », élaborées par De Stijl. Le terme d’élémentarisation signifie décomposition de la forme en une série de composantes réduites à quelques éléments, et celui d’intégration désigne l’articulation de ces éléments entre eux en un tout indivisible et non hiérarchique. Avec Peinture pure , Van Doesburg considérait qu’il avait atteint son but d’« une composition entièrement plate dans laquelle le point central est en dehors de la peinture ». Proche d’une autre peinture modulaire de 1920, Composition XX (Madrid, Museo Thyssen-Bornemisza), elle s’en distingue par la présence, dans le coin gauche de la toile, d’un grand carré d’un blanc vibrant, qui contredit ironiquement le caractère mécaniquement répétitif de la trame picturale.”

[cliffordsteblg]

Out of those who lived in various houses, 22% moved from various state. Out of those who lived in various houses, 2% moved from abroad. Out of those who lived in various houses, 16% moved from various county within same state. Out of those who lived in various houses, 5% moved from abroad. Out of those who lived in various houses, 23% moved from various state.

You are able to get sunburned just sitting beneath a tree too. Also there are tons of trees to supply sun. However, they do not shelter you from sunlight. UV rays are a lot stronger here.

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The Museo Nacional Centro de Arte Reina Sofía (MNCARS, also called the Museo Reina Sofía, Queen Sofía Museum, El Reina Sofía, or simply The Sofia) is Spain’s national museum of 20th-century art. The museum was officially inaugurated on September 10, 1992, and is named for Queen Sofía. It is located in Madrid, near the Atocha train and metro stations, at the southern end of the so-called Golden Triangle of Art (located along the Paseo del Prado and also comprising the Museo del Prado and the Museo Thyssen-Bornemisza).

The museum is mainly dedicated to Spanish art. Highlights of the museum include excellent collections of Spain’s two greatest 20th-century masters, Pablo Picasso and Salvador Dalí. Certainly, the most famous masterpiece in the museum is Picasso’s painting Guernica. The Reina Sofía collection has works by artists such as Eduardo Chillida, Pablo Gargallo, Julio González, Luis Gordillo, Juan Gris, José Gutiérrez Solana, Joan Miró, Lucio Muñoz, Jorge Oteiza, Pablo Serrano, and Antoni Tàpies.

International artists are few in the collection, but there are works by Francis Bacon, Joseph Beuys, Pierre Bonnard, Georges Braque, Alexander Calder, Robert Delaunay, Max Ernst, Lucio Fontana, Damien Hirst, Donald Judd, Vasily Kandinsky, Paul Klee, Yves Klein, Fernand Léger, Jacques Lipchitz, Magritte, Henry Moore, Bruce Nauman, Gabriel Orozco, Nam June Paik, Man Ray, Diego Rivera, Mark Rothko, Julian Schnabel, Richard Serra, Cindy Sherman, Clyfford Still, Yves Tanguy, and Wolf Vostell.

Along with its extensive collection, the museum offers a mixture of national and international temporary exhibitions in its many galleries, making it one of the world’s largest museums for modern and contemporary art.

It also hosts a free-access library specializing in art, with a collection of over 100,000 books, over 3,500 sound recordings, and almost 1,000 videos.

Founded in 1990 after originally being created as an art centre, Museo Reina Sofía is among the culminating events of the Spanish transition to democracy, recovering Pablo Picasso’s Guernica as well as an outstanding representation of the international avant-gardes and neo-avant-gardes. In short, the founding of this museum means the recuperation of the experience of modernity previously missing from the Spanish context and the opportunity to try out new models of narration from a periphery that is neither lateral nor derivative, but is rather an entry way for new stories, historiographic models and artistic episodes that tip the balance of the orthodox canon of the main museums.

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Therefore, the Museo Reina Sofía program is three-fold: on the one hand, rethinking the function of the museum today; on the other hand, analysing the mechanisms for mediation between the public and the institution; and finally, proposing new contexts and stories through the collection and exhibits that lead to a new notion of modernity.

The institution no longer considers its task to be simply the transmission of culture. Instead, it works with other agents and institutions, creating networks and alliances that strengthen the public sphere and position Museo Reina Sofía as a reference of prime importance in the geopolitical South. Similarly, the public is no longer conceived of as a homogenous and uniform multitude, but rather as a collective, multiple agent that questions, rejects and forms opinions, that builds, so to speak, its relationship with the Museum through the singularity of the artistic experience.

The building that houses Museo Reina Sofía is comprised of two parts: the museum’s new wing, inaugurated in 2005 and built under the direction of the French architect Jean Nouvel, and the part that was originally built as the General Hospital, promoted by Philip II of Spain in the 16th century and later by Charles III of Spain. The original plans were drawn up by the engineer and architect Jose Agust��n de Hermosilla in 1756 and continued by the Italian architect Francesco Sabatini during the second half of the 18th century. Today its appearance is far from the initial conception, due to the multiple modifications it has undergone despite the fact that it continued to be used as a hospital until 1968. It was then abandoned, leading to its deterioration during the subsequent years, until it was acquired by the Ministry of Education, in 1976, to be renovated and transformed into a cultural centre. In 1986, as a culmination of Spain’s transition to democracy, the Reina Sofia Art Centre (Centro de Arte Reina Sofía) was created. Four years later it would become a National Museum (Museo Nacional Centro de Arte Reina Sofía), with the founding of the current museum.

The Museum’s continual development in terms of its collections and activities led to the decision to study the possibility of increasing its floor area. The studies performed ended in 1999 and, following an international call for bids, the architect Jean Nouvel was chosen to direct the co

Museo Reina Sofia Madrid, Spain was originally published on HiSoUR Art Collection