NU­ANCES OF AR­BI­TRA­TION

Assocham Bulletin - - LAW -

ASSOCHAM In­ter­na­tional Coun­cil of Al­ter­nate Dis­pute Res­o­lu­tion (AICADR) in col­lab­o­ra­tion with Sin­ga­pore In­terna tional Ar bi tra tion Cen­tre (SIAC) and sup­ported by In­ter­na­tional Cham­ber of Com­merce (ICC), Re­gional Of­fice, Sin­ga­pore and Jon­nala­gadda LLP(Ad­vo­cates& Solic­i­tors) ,or­gan­ised' Ad­vance Train­ing Course on Tech­niques and Pro­ce­dure of Ar­bi­tra­tion' on July 29-30,2017.

The train­ing course was mainly in­tended to ac­quaint the par­tic­i­pants with nec­es­sary skills, tech­niques, pro­ce­dures of Ar­bi­tra­tion and the re­cent devel­op­ments brought out in the amended Ar­bi­tra­tion and Con­cil­i­a­tion (Amend­ment) Act, 2015.

The Train­ing Course was in­au­gu­rated by Hon'ble Jus­tice Challa Ko­danda Ram, Judge, High Court of Ju­di­ca­ture at Hy­der­abad for the State of Te­lan­gana and the State of Andhra Pradesh.

Mr. G. P. Sri­vas­tava, Di­rec­tor Gen­eral, AICADR in his wel­come ad­dress stressed upon the grow­ing need to train young ar­bi­tra­tors af­ter the amend­ment to the Ar­bi­tra­tion & Con­cil­i­a­tion (Amend­ment) Act, 2015."As we re­quire more sea­soned pro­fes­sion­als in the years to come, there­fore, on our re­quest, Sin­ga­pore In­ter­na­tional Ar­bi­tra­tion Cen­tre, Sin­ga­pore, read­ily agreed to or­gan­ise this joint train­ing course. More such train­ing courses will be or­gan­ised in dif­fer­ent lo­ca­tions in In­dia", he said.

While speak­ing on the oc­ca­sion, Jus­tice C. Ko­danda Ram said, "we do not have the trained and com­mit­ted ar­bi­tra­tors, the fact­sand rules are only pro­ce­dures of ar­bi­tra­tion but what is im­por­tant is do­main knowl­edge." He laid em­pha­sis on com­mer­cial dis­putes. "The com­pe­tence of a Judge sit­ting in court de­cid­ing a dis­pute is dif­fer­ent from aJudge Ar­bi­tra­tor de­cid­ing an ar­bi­tra­tion is­sue in re­spec­tive area of dis­pute, like en­gi­neer­ing con­tract, tech­nol­ogy re­lated con­tracts. Alargenum­ber of is­sues would get sorted at the ini­tial stages only, if the par­ties to the agree­ment vi­su­al­ize and fore­see the potential is­sues of dis­pute and ad­dress them at the time of draft­ing of agree­ments it­self. Draft­ing an agree­ment re­quires some spe­cial­ized skills."

The train­ing course was mainly in­tended to ac­quaint the par­tic­i­pants with nec­es­sary skills, tech­niques, pro­ce­dures of Ar­bi­tra­tion and the re­cent devel­op­ments ...

"Ear­lier in all ar­bi­tra­tion agree­ment Geneva used to be the seat of ar­bi­tra­tion, then it shifted to Lon­don and now the trend seems to be Sin­ga­pore and Dubai and now with the ef­forts put in by ASSOCHAM, Delhi High Court and High Court of Te­lan­gana and Andhra Pradesh, where the rules are be­ing framed, the fo­cus has shifted to In­dia and will make In­dia as a seat of ar­bi­tra­tion in the future."

While ad­dress­ing the au­di­ence, Mr. J. L. N Murthy, Re­gional Con­vener, Hy­der­abad, ASSOCHAM-ICADR,ex­plained briefly on some of the im­por­tant pro­vi­sions un­der the new Ar­bi­tra­tion and Con­cil­i­a­tion (Amend­ment) Act of 2015which would be very use­ful to the com­mon man in lit­i­ga­tion, in sav­ing costs, time and quick dis­posal.

Mr. Pranav Mago, Head­South Asia, SIACand Capt. J. S. Gill, Hon. Ad­vi­sory, Ship­ping also spoke on the need to adopt Ar­bi­tra­tion as a pre­ferred mode of set­tle­ment of dis­putes.

Mr. S. Ravi Shankar, Mg. Part­ner, Law Se­nate, in his ad­dress high­lighted the key fea­tures of the var­i­ous top­ics be­ing cov­ered in the train­ing course. A Knowl­edge Re­port pre­pared by him was also re­leased dur­ing the event.

Hon'ble Shri Ban­daru Dat­ta­treya, MoS­for Labour and Em­ploy­ment, Govern­ment of In­dia was the Chief Guest at the Vale­dic­tory Func­tion held on July 30th, 2017.

Talk­ing about Ar­bi­tra­tion, he said that it is a pro­fes­sional mech­a­nism based on le­gal ad­mis­sions. "We want to be in in­ter­na­tional arena and we want to go in com­pe­tence for early set­tle­ment of dis­putes and hence the Govt. of In­dia has amended the Ar­bi­tra­tion and Con­cil­i­a­tion Act, 1996. The ma­jor changes be­ing, sim­ple pro­ce­dures, fixed time lim­its as it is 18 months, it should be re­solved and min­i­mum in­ter­ven­tion by the courts. First time in the his­tory, we­have taken very fast track de­ci­sions. Our think­ing is to avoid lit­i­ga­tion and sometimes Govern­ment it­self is a big lit­i­gant and hence we scrapped 1159old laws." He also spoke on the dig­i­tal­iza­tion pro­gramme, com­put­er­i­za­tion and e-courts of Govt. of In­dia.

He dis­trib­uted cer­tifi­cates of par­tic­i­pa­tion to suc­cess­ful par­tic­i­pants who un­der­went the train­ing course.

Mr. Ban­daru Dat­ta­treya, Min­is­ter of State for Labour & Em­ploy­ment re­ceiv­ing the por­trait dur­ing ILO Con­fer­ence at Geneva by Mr. G.P Sri­vas­tava, Di­rec­tor-Gen­eral, AICADR. (L to R): Mr. S. Ravi Shankar, Mg. Part­ner, Law Se­nate; Mr. J.L.N. Murthy, Re­gional Con­vener, AICADR, Hy­der­abad, Mr. Pranav Mago, Head-South Asia, SIAC and Capt. ).S. Gill, Hon. Ad­vi­sor, Ship­ping.

Mr. G. P Sri­vas­tava pre­sent­ing me­mento to Mr. Ban­daru Dat­ta­treya, MoS, Labour & Em­ploy­ment. Also seen Mr. S. Ravi Shankar and Mr. 1. L. N. Murthy Jus­tice C. Kon­dana Ram, Judge, High Court of Ju­di­ca­ture at Hy­der­abad, de­liv­er­ing the in­au­gu­ral ad­dress. (L to R): Mr. G. P Sri­vas­tava, Mr. Pranav Mago, Mr. 1. L. N. Murthy, Mr. S. Ravi Shankar and Capt. 1. S. Gill

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