Top 5 Reasons to attend GPC India

The Global Pound Conference series with the conference title, “Shaping the Future of Dispute Resolution and Improving Access to Justice“, is a worldwide phenomenon, with over 39 events taking place in over 31 countries through 2016-17. The goal of the GPC series is to create a conversation about what can be done to improve access to justice and the quality of justice around the world in civil and commercial conflicts. The idea is to convene all stakeholders in dispute resolution – commercial parties, chambers of commerce, lawyers, academics, judges, arbitrators, mediators, policy makers, government officials, and others – at conferences around the world and discuss about the … Continue reading Top 5 Reasons to attend GPC India

ICAC Rules – A Paradigm Shift?

Arbitration has become a preferred method for the resolution of international commercial disputes in Russia. The International Commercial Arbitration Court (“ICAC”) has been at the forefront of international dispute resolution in Russia. The ICAC was established as the Foreign Trade Arbitration Commission in 1932 under the USSR National Chambers of Commerce. Now it is under the Russian Federation Chambers of Commerce and Industry. The President of the Russian Federation, Vladmir Putin, in 2013 announced to the Council of the Federation: “I would like to attract your attention to one more problem – the mechanisms of commercial dispute resolution are still … Continue reading ICAC Rules – A Paradigm Shift?

Mediation in Sports

The sports industry is an emotionally charged, ego centric, adrenaline driven industry. It thrives on the accrual and consolidation of fan base, and runs on money, muscle and managers. When tempers flare and the monetary stakes are high, disputes can be settled easier by reconciliatory procedures as opposed to adjudicatory procedures. This is why mediation is gaining so much traction in sports disputes. Mediation is a process by which third party neutrals facilitate the resolution of disputes between parties. These third parties – the mediators – are unbiased, unobtrusive observers that act as an intermediary and pacifist between the clients. … Continue reading Mediation in Sports

Mediating Company Disputes

  Company disputes are of several types – and can often result in the breaking of ties between business partners and a complete breakdown of personal relationships. Commonly, businesspersons recognize only one way out of a dispute: a long, drawn-out, very expensive, litigation process. Mediation is a solution that people do not consider as often, but one that exists as a definite alternative in today’s paradigm. Effectively, a Mediator can help reach a consensual based solution and provides benefits such as confidentiality, flexibility, and control over the process. These key advantages, as well as the cost-saving nature of the process … Continue reading Mediating Company Disputes

The MCIA Rules, 2016

An increasing number of commercial disputes, amongst the highest number in the world led to several calls for the formation of an Institutional Arbitration Center in India. The Government duly responded, and aided in the formation of the new Mumbai Center for International Arbitration (‘MCIA’). Following the Amendment to the Arbitration and Conciliation Act in 2016, which favoured arbitration and simplified processes, the MCIA is another effort by the Government to promote the pacific, non-adversary settlement of disputes. Several eminent personalities jumped on board, and the MCIA rules, released on 15th June 2016, appear to be creating quite an impression … Continue reading The MCIA Rules, 2016

India’s Model BIT

In 2015, India was on the receiving end of numerous suits. In the following year, the nation ramped up its effort to attract and safeguard foreign investment, bringing about reforms in international investment agreements. The most significant change was the introduction of a new model bilateral investment treaty (‘BIT’), which aims to provide a framework for all negotiations with India’s trading partners. This leads to a change in approach: the renegotiation of trading deals with old trading partners and several European countries, and a possibility to negotiate on fresh terms with interested parties. Certain crucial features of this BIT will … Continue reading India’s Model BIT

In Defence of Facilitative Mediation

Mediation features disputing parties, their attorneys, and a neutral mediator as participants within the mediation process, which is voluntary, consent-based and actively involves both parties. In recent years, there has been an increase in the number of disputes resolved through mediation, which has led to a development in different styles of mediation. There are three basic different types of Mediation: Facilitative – a structured process where the Mediator assists and guides the parties towards a mutually agreeable resolution.  It does not provide predictions, recommendations or opinions. Directive – this style of Mediation requires a Mediator to be proactive and help generate creative options, keeping … Continue reading In Defence of Facilitative Mediation

Indian Parties choosing a foreign seat of arbitration

Under the Arbitration and Conciliation Act, 1996, two parties (one Indian and one foreign) are free to choose a foreign seated arbitration. However, the act does not specify whether two Indian parties can also apply a foreign seat to their arbitration agreement. This matter has now come up thrice in the Indian courts: 1. Addhar Mercantile Private Limited v. Shree Jagdamba Agrico Exports Pvt. Ltd.[1] (Addhar Mercantile) – Bombay High Court – did not allow for foreign seated arbitration. 2. Sasan Power Limited v. North American Coal Corporation India Pvt. Ltd.[2] (Sasan Power) – Madhya Pradesh High Court- allowed for … Continue reading Indian Parties choosing a foreign seat of arbitration

Emergency Arbitrators in India

The concept of an emergency arbitrator arose from the need for speedy interim relief prior to the commencement of arbitral proceedings. This emergency arbitrator passes an interim order (not an interim award as that is only given by tribunals) for the protection of assets or evidence that might be tampered with or might get lost. This is similar to the function exercised by the Court under section 9 of the Arbitration and Conciliation Act, 1996, where a party seeking interim relief prior to the commencement of an arbitration may approach the Court. However, the Court approach does not work as … Continue reading Emergency Arbitrators in India

Company Law Mediation

  After observing that parties to company law disputes prefer alternative means of resolving matters, mediation and conciliation has been incorporated into the Companies Act, 2013. For mediation and conciliation, High Courts in India have their own state-specific rules. Similarly, the Companies Act, 2013 now makes space for the parties to opt for mediation and conciliation and provides guidelines for the same. In September 9, 2016 the Companies (Mediation and Conciliation) rules were published. The parties can opt for mediation and conciliation if the dispute is before a government administrator such as a Regional Director (RD) or a Registrar of … Continue reading Company Law Mediation