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PDF Editor FAQ

What is a settlement agreement?

A settlement agreement is an agreement by mutual consent, to end a claim or litigation. A settlement agreement is a contract between parties to litigation and sets forth the terms of the agreement. Where a structured settlement is part of the consideration for the release of the plaintiff’s claims the future periodic payments must be clearly stated as part of the consideration

Can I be held liable for defamation if a settlement and mutual release agreement that I am party to outlines serious misconduct of third parties, and that agreement gets published online or in the news?

First, I am NOT an attorney.In my layman’s view, yes, you could be found liable, if and only if you were the source of the allegations of misconduct and the allegations were then subsequently proven to be false.

What do you think about the current situation on the Sino-Indian border? Will this lead to a major shift in Indian foreign policy?

What do you think about the current situation on the Sino-Indian border? Will this lead to a major shift in Indian foreign policy?The current situation is highly volatile right now, but both China and India are making concerted efforts at the political level to tamp things down.What cannot be undone is the major geopolitical shifts the deadly clash in Ladakh has brought about. Both foreign policy and military shifts are underway.(Photo Credit: WION: Breaking News, Latest News, World, South Asia, India, Pakistan, Bangladesh News & Analysis)(Photo Credit: India Defence Consultants USS Nimitz, nuclear powered supercarrier)On the foreign policy front India and China are still maintaining ‘correct’ diplomatic relations, but it is representative of a ‘cold peace.’ India was blindsided by the attack on its soldiers with improvised ‘medieval type’ weapons (to use a term reported by some media in India) and felt that it was a betrayal of the talks the two nations were engaged in.Per open media reports and excerpts from American intelligence and satellite information released to the public India and China had finalized an agreement to pull back from contested positions in the Galwan Valley area. When Indian soldiers went to check on the withdrawal they noticed tents and other infrastructure still up in the disputed area. Indian troops reportedly burned the tents and then a short while later met up with a much larger number of Chinese soldiers, from a unit different from the ones they were negotiating with. Indian troops were unarmed inside the narrow buffer zone, by mutual agreement, but the Chinese troops were equipped with bats, or clubs studded with nails or wrapped in barbed wire. This violated the agreement, and hinted at a pre-planned escalation tactic by Chinese planners. A brutal close range fight began, and both sides called for reinforcements. Reportedly troops battled in the frozen heights for 4 hours or more, with Indian troops fighting with their bare hands or with rocks they picked up. India lost 20 soldiers dead and 70–76 injured, while Indian sources put Chinese deaths at 43–53, and American intel put the figures at 35 for China.When news broke in the public domain in India and in Western media anger grew in India. Most Indians viewed the attack as completely unwarranted and a violation and betrayal of the protocols painfully put in place over the last several decades by the two nuclear armed neighbors. China pinned the blame on India, while India stated that it was China that betrayed the talks and initiated the bloody showdown. Moreover India pointed to the PLA troops being armed as a clear indication that the encounter was planned by China and not just an accidental clash by the border forces.Western commentators, intelligence agencies, heads of governments, and satellite imagery almost universally supported India’s contentions. China itself seems to feel the move was a blunder.Reports that China did not allow the families of the dead soldiers to attend the burials, as well as a conspicuous lack of official coverage on the number of casualties China suffered pointed to a desire by the CCCP to bury the incident domestically. Secondly China once again seemed to have miscalculated India’s response. China, in spite of what seems to be a genuine desire to have good relations with India rather persistently views India as a nation that can be manipulated and coerced. This seems to come from the approach China was used to from dealing with much smaller, less powerful neighbors. India, while a major power, almost always reacted to Chinese moves, used soft bargaining and deferred to China in setting the pace, terms, and conditions of any negotiations the Chinese agreed to. The Chinese viewed these Indian non-confrontational approaches as the norm. But the BJP leadership proved far more assertive, confident, and militarily able, and China found itself surprised again and again, in major diplomatic and force confrontations in 2014, 2017, 2018, and 2020.India has always had considerable strength at its disposal, but was largely unable to harness the resources of the subcontinent to its aims in a whole of government approach until recently. But beginning in 2014 India began to take a coordinated, long term, and strategic approach to dealing with China, and China viewed this with alarm.This is where the military shift comes in. China seemed to decided that it had a short window to act in, given India’s demographics, economic growth, and escalating military potential. It went for a decisive strike against India, one short of starting a war but that would put India on the back foot, showcase China as the unchallenged power in Asia, and establish a pecking order, with India clearly at the bottom in dealings with China.But things did not work out that way. India reacted with far greater speed than anticipated. Military forces were rapidly built up and Indian soldiers, already battle tested in 6 wars, proved themselves to be formidable even when fighting barehanded. Diplomatically India garnered rapid support, and PM Modi made a surprise visit to Ladakh, giving China an unpleasant surprise. The Indian government also hit China in the pocketbook with its ban on 59 Chinese apps and denying the Indian internet base to many of China’s major players.Militarily India now seems set on inviting Australia to join the ‘Quad’ (currently the US, India, and Japan) as a permanent member. This is something Beijing was keen to avoid, having the most potent democracies in Asia joining with the US in a semi-formal alliance. India also vastly increased its arms purchases, with renewed talks for a large fleet of UCAV from the US, speeded up purchases of munitions and expedited deliveries of Rafales, SU-30’s, MiG-29’s, S-400 SAM systems, and Israeli loitering drone munitions.India and the US are also in the midst of a complex, high end naval exercise, centered on the USN Nimitz carrier battle group and major Indian warships. Indian forces are also now more sharply focused on the key Malacca Straits chokepoint, another danger area for Beijing.(Photo Credit: Read Latest News, News Today, Breaking News, India News and Current News on Politics, Bollywood and Sports. - Republic World USN ships exercising in the Indian Ocean)Beijing is now working with New Delhi and agreements have been struck to de-escalate tensions, pull back forces, recommit to border settlement talks, and hopefully rebuild trust, but the tectonic shifts caused by the recent clashes cannot be easily undone.A giant demographic state, with the 5th largest economy, largest professional all volunteer military, nuclear armed, wary and distrustful, is not the India that China wants. China almost certainly did not intend this outcome, but triggering events with a state as powerful as India, especially one that desired fair and equitable relations was not at all strategically sound. India has given no indication that wants to deny China its place in the sun, but it is very much against any other state denying India its rightful place in the comity of nations, and that place is among the great powers of the planet.So major foreign policy and military shifts are underway between the two largest demographic states in all of history—China and India.

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