The fourth session at the India ADR Week, 2024 in Mumbai was a debate hosted by Wadia Ghandy & Co. on 'Whether Courts need to be empowered to modify Arbitral Awards under the Arbitration Act'. The debate was moderated by Bindi Dave with Zal Andhyarujina, Sarita Kamath, Sharan Jagtiani and Deepak Chauhan as the speakers. To access the video and the transcript of the session, visit - https://lnkd.in/g8DwzpGu
The India ADR Week, 2025 will be held from 15th to 20th September 2025. Stay tuned for further updates. www.adrweek.in#IAW2024#IAW2025
Arbitrator, Mediator, National Consumer Disputes Redressal Commission, Former Member Governing Council, Bar Asso.of India, Raj. SCDRC,Raj. State Subordinate Services Sel. Board,Former President Jodhpur Municipal Council
We are pleased to announce that our Partner, Binsy Susan will be participating in the upcoming India ADR Week 2024 scheduled for 27 September 2024 in New Delhi.
She will a part of a panel discussion and will be sharing her views on - "𝐁𝐫𝐢𝐝𝐠𝐢𝐧𝐠 𝐭𝐡𝐞 𝐠𝐚𝐩 𝐢𝐧 𝐝𝐨𝐦𝐞𝐬𝐭𝐢𝐜 𝐚𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧𝐬 𝐚𝐧𝐝 𝐢𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐚𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧𝐬."
#India#ADRweek #2024 #Disputeresolution#Arbitration#Delhi
🌐 Embracing Empathy and Evolution in ADR 🤝
Recently, Supreme Court Justice Surya Kant highlighted a compelling vision for India and Turkey to emerge as global leaders in Alternative Dispute Resolution (ADR). Drawing inspiration from Turkish folklore, he underscored the crucial role of empathy in resolving conflicts.
Justice Kant shared an insightful anecdote from the tales of Nasreedin Hodja, where empathy and understanding were pivotal in settling a dispute. This story resonates deeply with the essence of ADR, emphasizing the importance of considering multiple perspectives to achieve fair resolutions.
As we navigate the complexities of modern disputes, fostering empathy and evolving our ADR frameworks becomes increasingly essential. Let's heed Justice Kant's call to embrace empathy and innovation in ADR, empowering India and Turkey to lead as global hubs of conflict resolution.
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#ADR#EmpathyInLaw#GlobalLeadership#India#Turkey#JusticeForAll#Arbitration#mediation#disputeresolution
Advocate , Arbitrator and Mediator
Advocate at :
High Court of Telangana &
High Court of Andhra Pradesh
Mediator at National Consumer Dispute Redressal Commission, New Delhi.
In India until recently only Retired Judges of Supreme Court and High Court were appointed as domestic and International Arbitrators and the meritorious young law graduates were appointed as interns for 1to 2 months to do the entire case work including taking dictation, drafting searching case laws etc for completion of the assigned Arbitration work .Hardly these interns get any payment.None could question this injustice.Never any trained Arbitrator or Mediator are appointed based on their knowledge and Merit as Arbitrators by Supreme Court or High Court. Appointments not based on Merit but by the background whether the person has influence in political or Social Circles. Today we hear long lectures of Social Justice,Equal opportunities while the reality is horrible. In India there are Several eminent Lawyers who are neither encouraged nor given opportunities to present their skills in Arbitration and Mediation. To survive in this Profession Some of them started taking training classes and others are writing books and Articles and the struggle for existence is continuing.
Founder & CEO at Mumbai Centre For International Arbitration
I recently spoke with someone on why they patronised international arbitral institutions instead of Indian ones when it came to purely domestic arbitrations. He looked at me dead straight and said, one day, they’ll appoint me as an arbitrator.
An interesting fact came up during the India ADR week, at the session hosted by FTI Consulting;
International arbitral institutions appoint on average less than 3% of Indians as arbitrators. (See slide)
This is despite the fact that most of these institutions have Indian parties contributing respectably to their total case loads.
It’s important to understand that arbitral institution will always prioritise their home jurisdiction, local ecosystems - bar, bench, firms and arbitrators.
I always ask myself: What does your patronage get you? And does it matter to the person you’re patronising?
Priyanka Shetty#MCIA#IAW2024#Arbitration#InternationalArbitration
Great to see that the Singapore International Commercial Court (SICC) has followed in DJO v DJP my approach regarding the "consequences" when an arbitrator applies the "reasoning" used in a prior unrelated case in a subsequent award.
As I first argued in 2020 at Iurgium, the journal of the Club Español e Iberoamericano del Arbitraje, it is rare for counsel to review arbitral awards through data analysis of prior decisions. In cases such as (1) OI European Group, and (2) Flughafen v. Venezuela, or (3) Lion v. Mexico (cases under the auspices of the International Centre for Settlement of Investment Disputes (ICSID)), the arbitral awards contain ad verbatim extracts of other arbitral awards. It might be relevant for the arbitral community to ponder:
💡 The scope of vigilant duties that the co-arbitrators should excercise when reviewing a draft award.
💡The scope of admissible reliance of the reasons contained in prior decisions in a subsequent unrelated arbitral award.
💡The scope of duties of the tribunal during the deliberation stage of a case or the need for arbitrators to disclose reliance of its prior awards for its reasoning.
💡Transparency issues that might emerge when the arbitrators employ prior awards in subsequent cases. This includes the duties of arbitral institutions when they scrutinize an arbitral award.
The Singapore International Commercial Court (SICC) has set aside an ICC award against an Indian freight network company for a breach of natural justice, finding that the tribunal – whose chair had presided over two parallel proceedings – had substantially “copied-and-pasted” sections from the other awards. Susannah Moody reports.
Cross-cultural differences: Lessons for lawyers
Identifying these cultural indicators really helps businesses work cross-border with increased ease and fluency, but also, crucially, assists lawyers when advising on these relationships.
Writers: Shania Elias is the Deputy Director, Arbitration and ADR, ICC India.
Read the Column here: https://lnkd.in/dTPk25Ki#Lawyers#InternationalChamberofCommerce#Columns#BarandBench
Ex-Intern at High Court of Uttarakhand|Ex-Intern at Delhi High Court|International Council for Commercial Arbitration|London Court of International Arbitration|Singapore International Arbitration Centre|NLU, Delhi
Dear Connections,
Greetings of the day!
Case : International Air Transport Association v. Spring Travels Pvt. Ltd., October, 29th, 2024.
The court, led by Justice Jasmeet Singh, clarified that under Section 48 of the Arbitration and Conciliation Act, an Indian enforcement court has the authority to refuse enforcement of an overseas award if unique conditions are met, but it does not have the power to set aside the award. The authority to annul or set apart an award lies solely with the courts in the jurisdiction in which the arbitration turned into seated, which in this situation changed into Singapore.
The High Court emphasised that its position changed into restricted to analyzing grounds for non-enforcement without reassessing the deserves of the arbitral award. This hindrance aligns with India’s dedication to the New York Convention, helping the finality of arbitration awards and promoting an arbitration-friendly surroundings in keeping with international requirements.
#ArbitrationLaw#DelhiHighCourt#ForeignArbitralAward#Section48#PublicPolicy#ArbitrationAct#InternationalLaw
The crux of the Judgment is that “section 48 enforcement Court” is not bound by the findings of the Arbitration Seat Court while considering the objections to the enforcement of foreign award but cannot set-aside foreign award.
To my mind, if the objections under Section 48 are allowed, its effect on enforcement of foreign award would be that such an award may remain only on paper although it cannot be & it is not legally set-aside.
Even otherwise, the High Court has considered the objections of the respondent in paras 17 to 23, the petitioner’s submissions in para 24 to 27 and detailed exhaustive detailed discussion and findings on the objections in paras 28 to 74, it was concluded in para 75 of the judgment that the objections are not legal and valid. The judgment-debtor STPL was directed to pay the entire award amount with interests, costs, fees, expenses of the arbitrator and administrative expenses as per the foreign award.
LegalDeli.in
Ex-Intern at High Court of Uttarakhand|Ex-Intern at Delhi High Court|International Council for Commercial Arbitration|London Court of International Arbitration|Singapore International Arbitration Centre|NLU, Delhi
Dear Connections,
Greetings of the day!
Case : International Air Transport Association v. Spring Travels Pvt. Ltd., October, 29th, 2024.
The court, led by Justice Jasmeet Singh, clarified that under Section 48 of the Arbitration and Conciliation Act, an Indian enforcement court has the authority to refuse enforcement of an overseas award if unique conditions are met, but it does not have the power to set aside the award. The authority to annul or set apart an award lies solely with the courts in the jurisdiction in which the arbitration turned into seated, which in this situation changed into Singapore.
The High Court emphasised that its position changed into restricted to analyzing grounds for non-enforcement without reassessing the deserves of the arbitral award. This hindrance aligns with India’s dedication to the New York Convention, helping the finality of arbitration awards and promoting an arbitration-friendly surroundings in keeping with international requirements.
#ArbitrationLaw#DelhiHighCourt#ForeignArbitralAward#Section48#PublicPolicy#ArbitrationAct#InternationalLaw
The ICDR is excited to announce the launch of its India Committee, a new initiative to support India's dynamic dispute resolution landscape. Chaired by Dhirendra Negi, this committee will drive best practices and foster knowledge exchange in arbitration and mediation.
Unveiled at our inaugural ICDR India Conference, the committee underscores our commitment to providing world-class dispute resolution services tailored to India’s needs.
Learn more about this milestone and what’s next for ICDR in India: https://lnkd.in/eWvhYs48#ICDR#AAA#AAAICDR#ADR#InternationalArbitration
"Are Fashion and sustainable development compatible in a globalized world?" This is the theme of the Conference which Anne-Manuelle Gaillet, partner of #CastaldiParters, shall chair in the framework of the 68th congress of UIA Union Internationale des Avocats on November 1st in Paris.
How to address the challenges of the Just Fashion transition, for one of the still most polluting industry, though one of the most complex in terms of supply chain length and variety, between over production particularly for fast fashion and ultra fast fashion brands? While UE has made the choice of a mandatory package of regulation to force the transition of the sector within 2030, other continents prefer a more liberal approach based on voluntary programs. Hard law vs Soft law in a global market leads to distorsion of competition.
Eminent experts of different countries shall discuss on the subject with Keynote speaker from United Nations (UNECE) Maria Teresa Pisani and two rich panels composed of Eileen Claudia Akbaraly, Anne-Gwenn Alexandre, Fabrizio Caretta, Marie-Claire Daveu, Dr. Alexander Dohmen, Claire Giscard D’Estaing, Fabio Moretti, Rosemarie Ring, Yann Rivoallan, Zolaykha Sherzad, Stephen Sidkin and Joana Whyte.
A special thank to Stéphane Bonifassi.
For more information see the programm : https://lnkd.in/griEYR7j#UIA#UIAparis#fashion#IA#Luxury#ESG
Founding Partner, Lawyer, Arbitrator, Mediator and Visiting Faculty
4dInteresting event- look forward to the 2025 one as well. The take away from some of the sessions were very enlightening.