China Cannot Be Sued for Coronavirus

The willful, negligent and unmindful attitude of the Chinese authorities has led to the catastrophe of COVID-19. While some consider the inaction and lackadaisical behavior of China coupled with suppression of information as “treason against humanity”, the possibility of maintaining a successful lawsuit against our neighbor has to be explored rigorously.

There have been a couple of instant suits filed against China, seeking compensation for the political opacity and lack of response by the Chinese authorities, which have caused humongous damage to human life and economies across the globe.

There have been charges alleging creation and release, accidental or otherwise, of the Novel Coronavirus and of unleashing biological warfare. In all probability, positive outcomes of such legal challenges are highly skeptical.

Undeniably, the Chinese authorities have deliberately chosen denial, have behaved irresponsibly throughout the saga, and deserve the condemnation of the entire world. The regime of transferring patently false information all this while has made things unnecessarily worse as we stand today.

Legal liability, however, is a disparate phenomenon. Here we need to realize, that the Government of China is protected by the ambient sovereign immunity, and misconduct, even if proved, will not be able to cater to sufficient grounds for a waiver of that indemnity.

Sovereign immunity is not just a judicial favor for foreign regimes. International treaties of shared understanding and reciprocity not allowing people to sue the country primarily guide it. The difficulty at this stage arises as the act of China, despite being in the nature of criminal negligence, fails to fall in the bracket of exception laid down by the international law to the immunity enjoyed by the States.

Rather, there is a specific bar upon the exercise or performance or the failure to exercise discretionary powers regardless of whether the discretion is being abused. Possibly, the reckless behavior of the Chinese Government is baked into the very idea of sovereign immunity.

The next leg of the argument revolves around the proposition that China did very little to stop the spread of the virus. Unfortunately, the thrust of the argument on legal principles is tremendously weak. Sovereign immunity does not work on benevolence but on reciprocity.

China has been rejecting all such allegations and is certain to junk every summons it receives, ultimately making the entire exercise a futile thing. The World Health Organisation’s (WHO’s) International Health Regulations, 2005 is being referred to in order to assert that China violated its international obligations.

Articles six and seven of the WHO regulations make timely notification and information-sharing obligatory in the country where an outbreak takes place. Consequently, China has been denying all such allegations, which in turn nullifies the violation as the legal liability could only be fixed if the country consents to it.

There is a very minor and primarily technical gateway to drag China to the International Court of Justice (ICJ) over the Coronavirus pandemic provided in the WHO’s Constitution. This provision does not require the consent of the defendant’s country.

A member country will have to establish or create a doubt that China deliberately withheld information from the WHO and the international community at large. Article 63 of the WHO’s Constitution provides the legal basis for this route.

Tort law generally rests on the proposition that people will take reasonable care if they know there is an inherent danger that could cause harm to others. Under sovereign immunity, the costs of misbehavior of the Government tend to lie where they fall.

The concept of international terror and henceforth laws to tackle it was conceptualized a few years back. However, the absence of robust legislation possibly will not entail any punishment for another country’s recklessness and the motive is apposite to be political.

Nevertheless, for the massive economic fallout, China cannot be allowed to go scot-free. Perhaps, world leaders have to work in mutiny to diplomatically pressurize China for causing the pandemic and the present situation. On the contrary, China has called the allegations xenophobic, which invalidates all possible actions undertaken as of now.

Further, the most difficult part of the regime is to prove the deliberate intention of China in causing all the trouble the world is in at present.

In a nutshell, China has a strong position to rescind all legal allegations brought against it by world players, including India. It is a very bleak proposition to contemplate that China will eventually compensate for the major fallout and global recession caused by its laxity and disregard for the state of affairs.

However, the legal remedy of filing lawsuits seems to be futile and superfluous without much possibility of any fruitful upshot and conclusion. Nevertheless, how good the sequel stands will be eventually proven, as and when the lawsuits already instituted, are heard by the judiciary, while the wise option would be to avoid any bulging aspiration to be accrued from the judicial reaction to the legal battle.

Tags: catastrophe of COVID, China cannot be sued for Coronavirus, catastrophe of COVID 19, treason against humanity

Hoteliers to Open Doors, But with Heightened Caution

With the Novel Coronavirus (COVID-19) removing the plug from a growing economy with a nationwide lockdown, disrupted supply chains, and mass unemployment, the government’s decision to reopen the country in a phased manner is a breath of fresh air.

As part of Maharashtra’s Mission Begin Again Phase 5, the hospitality industry can reopen from Wednesday 8 July, but rules remain stringent for hotels in the MMR region, including Mumbai, Pune, and Nashik.

The hospitality industry is in metamorphosis as they gear up for the post-COVID era. At the outset, hotels outside containment zones will be allowed to operate at 33% capacity subject to adherence to social distancing and hygiene guidelines.

The rationale behind this is not only to avoid overcrowding but also to convert the remaining 67% capacity into a quarantine facility, as and when required by the government. Reduced operational capacity and increasing costs of running a hotel or restaurant will compel the industry to look for unconventional avenues to keep business afloat during a depressionary phase.

Moreover, several other guidelines ensuring hygiene and social distancing such as mandatory thermal screening, protective glass at reception tables, sanitizers for all hotel staff and guests, contactless digital payments, etc. will change the entire guest servicing experience.

This goes without saying that only asymptomatic guests will be allowed entry into hotels. As an additional measure, hotels are required to keep each room empty for a minimum of 24 hours post guest check-out and sanitize the room.

Many of the facilities, like bars, buffets, spas, and swimming pools, will have to stay shut for now and even though restaurants can open, they will only serve hotel guests for now. The State-mandated guidelines will propel the hospitality industry to provide a safe, contact-less experience from the pick up at the airport to the check-in, entire stay, and until check-out.

Implementation of these guidelines is easier for chain and luxury hotels with deep pockets, however high maintenance costs coupled with fewer customers will make implementation burdensome for Bed & Breakfast, Guest Houses, and unbranded budget hotels which constitute 95% of the hotel industry.

In light of this, the low-priced sector in the country can ride on India’s large domestic tourism to kick start the industry. However, the prolonged impact of the COVID-19 crisis, even after the lockdown has been relaxed, is likely to have a long-term impact on the sector.

Moreso, inbound traffic is bound to be slow due to travel restrictions and recessionary conditions limiting disposable income. In the organized sector, there are about 53,000 hotels and 5 lakh restaurants at present, and as per industry estimates, nearly one-third could shut shop permanently with losses for the hospitality sector reaching Rs. 90,000 crores.

Corporate travel will perhaps revive the chain of hotels through the lockdown has shown that corporate travel can be limited with the emergence of the work-from-home concept. As per FHRAI, hotels are seeing about 15-20 percent occupancy at present.

For restaurants, a limited number of working hours coupled with restrictions on the sale of alcohol makes business unviable, thereby hurling several small restaurants, bars, and hotels towards an empty treasury.

One way to drive sales upward is – continuous and effective marketing strategies that communicate with loyal guests through digital and social media during and post the lockdown. In doing so, hotels and restaurants can showcase their contributions and safety measures in wake of the pandemic for their customers.

Secondly, it is imperative for hotels and restaurants to maintain adequate liquidity for working capital. This can be achieved through a combination of renegotiation and extension of payment cycles with vendors, adopting RBI’s 3-month moratorium period for existing interest and principal payments to banks, and enforcing rigid cost-control measures while supporting the salaries of its staff members.

As a result, more cost will be allocated to technology, where one can facilitate minimum human interaction while making the stay safe, hygienic, and comfortable. It goes without saying that a resumption of economic activity is essential, but the vigil on the virus must remain.

The industry is starved for relaxation from the government, but more importantly for customers to feel at ease to visit hotels and restaurants once again. In a nutshell, zero-maintenance buildings, contactless interactions, and technology-based sanitization will emerge as the “new normal” for hotels and restaurants at large.

Tags: hospitality industry, hoteliers, mass unemployment, pua mass, hospitality sector, mass pua unemployment

Financial Planning During Covid-19 Pandemic

While most employers announce a retrenchment, the aftermath is not a very easy phenomenon to go with. Since the inception of the Covid-19 pandemic, employees across industries have been staring at significant pay cuts if not a layoff. Undeniably, things are uncontrollable on all fronts, while adjusting to the new normal is what we have control over right now. The rising specter of salary losses has inadvertently led to rethinking financial planning goals.

A pay cut comes with an overhaul of the living and spending norms that individuals followed for years together. Smart strategies could assist us tide over the catastrophe without much hassle.

Considering the rosy part of the picture, the ones who were fortunate enough to retain their definitely find solace unlike millions of other people who have lost employment. What becomes important is to take the pay cut personally and devise a feasible chain of actions that could help one heal from the situation faster.

Firstly, one needs to be aware of a probable pay cut and gauge the likely phenomena. The earlier you anticipate the better as you can start planning earlier. Risk has been the driving factor affecting income. Millions of livelihoods have been wiped out by the pandemic.

Millions who are left with no employment have faced the primary brunt of the lockdown. Many employers who funded the first month of pay thereafter turned reluctant to extend the benevolence. With the economic activities coming to a jerking halt, there is no work and no pay; with families surviving upon the skimpy amount of savings, they had. Many have lent a hand on loans and pledge to endure through these mellow times.

Many significant monthly income earners, many have been sitting without payment or have settled with a significant pay cut in the hope to hold on to their jobs. Many have been left unsure about how the ‘work from home’ situation would extend overtime and whack upon their monthly wages.

Those who ran businesses have no income. Stocks remain unsold, bills are unpaid, and there is no revenue with no buyers. From big to small, all businesses have come to an unbelievable pause.

In this new world, thus across segments income has evaporated largely. Keeping the job and hunkering down is the best possible we are looking at. This customarily means that demand for credit will increase sooner or later. There is a high probability of loans being unsecured, or against assets accumulated, but as the liquidity reserves dry up, loans will move up.

Banks and NBFCs have enough liquidity to be reasonably expected to provide short-time finance. However, without economic activity for long, they cannot go too far either. This is why the lack of government spending, and the lack of bold reforms that place money in the hands of the people, sting.

Spending has changed dramatically as well. Changing risks to income has automatically led to individuals cutting back on many expenses. Incurring no expense on eating out, entertainment, travel, or clothes, is the new normal.

Beyond essential commodities and utility bills, there has been not a single penny spent. For households surviving on businesses, the spending habits have been left to bleed. The ability of these businesses to employ people, pay salaries and expand activity is curtailed, creating a negative spiral of loss.

Saving and investing in the background of such events have led to the burial of splendor. Individuals are barely managing to maintain a surplus in the banks, while ones with enough wealth are investigating newer strategies of investment to receive better output from the falling market.

The signs of market behavior indicate a prolonged recovery for all of us. It is time until we triumph over the pandemic. Until the time arrives, it is wise to restrict our spending only on essentials to avoid further strain on individual finance.

Between the mindless excesses of unbridled consumption, growth, and expansion and the rigid frugality of minimalistic existence, lies a means that we may not be able to choose or pursue. The next 12 months are about that exploration that might define the new character and culture of the household.

To endure through the next few months individuals have been preparing for a contingent fund by minimizing regular expenses. There has been this growing trend to clinch enough cash to survive until this crisis passes. Temporarily there have been reductions in contributions in retirement plans as one focuses on redirecting resources to the emergency fund.

Individuals have been inclined to the repayment of loans and have been regular with EMI payments, despite the available moratorium to avoid any extra burden in the future, unless the same has been impossible to be done due to lack of enough resources. Individuals have minded toward long-term savings to build upon enough corpus to hedge the risk of market fluctuation and compounding returns.

Tags: pay cut, layoff, financial planning, financial plan in business plan, financial budget, lay off 2021

Unlock 2.0

The fresh guidelines issued by the state government allow hospitality entities like hotels and lodges to provide accommodation services, and outside containment zones to reopen unless being used as a quarantine center. The permission for reopening is highly conditional and ought to be done adhering to social distancing norms vigorously.

Notably, public utility services like gymnasiums, gaming, and others are bound to remain closed unless further orders. The decision could have a reverberating impact keeping in mind the huge number of cases being reported every day while certain places like Aurangabad have extended restrictions in the wake of the rising cases. Amidst an extended lockdown due to the spurt in cases and deaths, such a decision could well backfire.

Hoteliers have to be highly cautious in taking care of all preventive measures to ensure the safety of their customers. Nevertheless, despite the risks involved, the industry can breathe relief by resuming operations to gauge the path of recovery.

The Mixed Setup: Requisitioning and Reopening
Maharashtra leading the way, and many of the states can be anticipated to allow hotels to resume business with restrictions in place in the phased unlock period. However, despite such possibilities, the industry has been jittery by now, as iconic hotels have been ordered to be converted to quarantine centers.

The list includes epochal Parador like the Taj Mahal Hotel which triggered difficulties as the premises are in an inhabitable condition given the renovation that started months ago. However, what becomes important here is to understand that hotels are not designed for accommodating patients and neither is the staff prepared to render appropriate services.

Moreover, now that hotels are being allowed to reopen with limited occupancy, such requisitioning could be disastrous for hoteliers in business. The added burden of sanitizing premises vigorously has been budging trouble for all hoteliers who now hope to foresee normalization soon.

Hoteliers presume hardship ahead
In order to avoid transmission risks, accommodation facilities in states permitting operations to resume speculate troubled times ahead. The first hurdle that pops in is working with limited staff. The pandemic has led to the added responsibility of sanitizing the premises at regular intervals along with ensuring safety protocols, which is an extra job to undertake, and in such a scenario having limited staff, and facilities could lead to genuine concerns.

Even iconic hotels have pronounced the obvious choice to do away with lavish buffets and have decided to limit restaurant facilities to curb the infections which would have direct implications on the revenue generated. The additional gist hampering functions include making provisions of PPE kits and sensitization of touchpoints frequently.

The workforce of hotels has expressed concerns over the lingering risk of being infected as hotels begin taking in guests. The occupancy can be lower presently, however, with a lack of means of transportation, the risk involved in the everyday freight of staff members cannot be overlooked.

The bulging idea of workstations shifting from staycations
Doing a COVID somersault, hotel chains are pivoting on the idea of converting hotels into workstations with a work-from-a retreat along with a bunch of other offerings. Accommodation chains are opening up drivable-distance properties for executives looking for a safe and salubrious place to work out of the home.

The pivoted places have been designed to accommodate long-stay making it Covid safe with adequate Wi-Fi and connectivity facilities. The chains anticipate long-stay workstations to become the trend with the changing outlook of industry performance across segments driven by the pandemic.

Corporate persons have been celebrating such a stay to accommodate staff to continue efficient working during the lockdown, a step above the current work from the home trend.

Restaurants shift online to meet customer cravings
Indian restaurateurs are up for a treat post the lockdown as people crave dine-outs. Foodies across the country have been ardently waiting to reign on the supreme delicacies post the lockdown. Online food delivery has been one of the very few segments emerging as winners through the pandemic.

The likely changes in lifestyle would include a paradigm shift in eating habits. The eating-out culture has been fairly exacerbated by the looming safety ad hygiene concerns and online delivery has come to the rescue.

Restaurants that have partnered with delivery partners have been significantly increasing while the industry put in concerted efforts to attract customers and keep businesses afloat. Definitely, the pandemic shall mark the end of the emerging social dining trends replaced by social distancing protocols.  

Covid-19 Impact: Hotels may be permanently shut
The leisure and tourism industry has come to a jerking halt with the spread of the virus having a cataclysmic effect on the sector. The persistently mounting stress on the industry shall possibly force several hotels to shut their businesses permanently. Despite the unlock phase, restaurants and hotels have seen dismal responses from customers, it is unviable for many stakeholders to sustain with low footfalls and increased spending.

The restrictions have been eased but the night curfew still continues at various places hitting the dinner segments the worst. Hotels are having to face the brunt as travel restrictions remain in place with limited flights and trains operating.

The states wherein the reopening of hotels has been allowed are witnessing diminished occupancy with the tourism sector remaining at a standstill. The impact of the pandemic followed by the enforced lockdown shall be prolonged, ultimately causing death for a major part of the industry unable to cope with the changing trends and the shortfall in business.

Tags: Unlock 2.0, unlock 2, opening of hotels, hospitality entities

Covid Health Insurance Cover

As India continues fairly in the race of increasing Covid-19 cases, globally, the IRDAI directive to mandatorily offer a standard health insurance policy for all policyholders, is much required. Provision for covering all hospitalization expenses along with consumables like PPE, gloves, masks, and other similar utilities, shall provide immense relief to consumers expending on treatment currently.

The actual benefit of such covers can be eventually discovered as the situation subsides, cause as of now the world is still engrossed around the disease and the associated panic.

Inadvertently, extending the existing policy coverage to rope in such adverse situations was quintessential. Given that the disease-specific coverage is limited to Covid-19, the price point shall be admittedly lower than any comprehensive health policy. As a note of caution, the specific cover in no way should be taken as a substitute for regular health covers.

Hereafter, consumers have an option to choose from the three primary available options. There have been previous announcements of extending coverage of ordinary policy to include Covid-19 expenses and that stands valid to date. So, the specific coverage announced could be an added supplement along with the normal policy or it could be purchased only for Covid-19 depending on affordability options, as the case may be.

The driving idea recently has been to facilitate consumers in all possible means to battle against the stymie virus. As the country resumes in a staggered fashion, there has been increasing movement of people throughout. Considering the number of reported cases every day, there is no hint of the curve flattening anytime soon.

It appears that the virus is here to stay much beyond our anticipation. In the interest of the consumers, paying a single premium yielding a fixed benefit is an extremely benefitting proposition.

On the contrary, the challenge lies in the insurers to devise profitable pricing for the product. The general trend is that premiums are computed based on age bands, however, for the current data set, there is no established age-wise trend as of now. The entire phenomenon is absolutely dependent on the contraction of the infection or the recovery rates.

Notably, the base cover will be offered on an indemnity basis while the optional cover ought to be made available on a benefits basis. Being a standard product, insurers are having the open option of fixing the prices based on their underwriting understanding, consequently, there are varied premiums across insurers. The indemnity policy has definitely ticked the right box aiding in providing a dedicated financial cover.

The much-needed measures include including the specific requirements put forth by Covid-19 which is a miss in normal policy covers. The gleaming part of the story is that pre-existing co-morbid conditions have been considered under the purview of the new product.

The consumers have to wait till a condensed policy is circulated with clear directions regarding the underwriting process, whether or not it shall cater to the vulnerable populace, and how soon will there be access to the product online. The relative prices of such products are further looked up compared with the regular short-term covers available.

In a nutshell, the policy is definitely a go-to choice for someone not having a health insurance cover and is desperately looking for one to acquire the necessary protection owing to the ongoing crisis. In the absence of a regular policy, the short-term product can yield many benefits.

Nevertheless, the wise choice would be to go for a regular policy as it would cater to treatment for covid as well as other ailments.

There is not much of a significant addition to the existing framework. On closer scrutiny of the provisions, it can be well said to be restrictive with a cap on the policy coverage. For a first-time buyer, it is rather advisable to have a broad perspective while choosing the policy cover, not merely focussing on Covid-19.

Apart from the affordability issue, the new plan might be avoided in all probabilities. A disease-specific health cover might not yield much in the long run. The intelligent option here would be to opt for a comprehensive policy to receive adequate coverage for all possible illnesses.

Tags: Covid Insurance Cover, hospitalisation expenses, Covid Health Insurance Cover, irdai directive