The International Arbitration & Mediation Centre, Hyderabad in association with Disputandum and Goel & Associates organized a conference on the topic “Changing Facets of Arbitration Law” on December 18, 2022.
The Chief Guest of the event was Mr. Justice Hemant Gupta, Former Judge, Supreme Court of India. The speakers were Mr. Ashok Aggarwal, Senior Advocate, Punjab & Haryana High Court, Mr. Akshay Bhan, Senior Advocate, Punjab & Haryana High Court, Mr. Shashank Garg, Counsel, Member – ICC Commission on Arbitration & ADR, Mr. Tariq Khan, Registrar, International Arbitration and Mediation Centre. The moderators of the event were Mr. Shvetanshu Goel, Advocate, Punjab and Haryana High Court and Mr. Aditya Dassaur, Advocate, Punjab and Haryana High Court.
The event witnessed dignitaries including sitting judges, Advocate Generals and office bearers of the Bar Associations and State Bar Councils.
Justice Hemant Gupta discussed the difference between Arbitration and civil jurisdiction i.e. Firstly, in arbitration, you can choose and appoint judges. Secondly, award is final and grounds for challenges are few as compared to civil cases. In India, attitude of Arbitrator was pointed out in a conference. Arbitrator heard a matter for 2 hours and adjourned matter for 2 months later. Also fees charged by arbitrators is high in India.
Senior Advocate Ashok Aggarwal shared anecdotes of arbitration experiences in his experience of 40 years.
Panel Discussion
How to strengthen institutional arbitration in India?
Section 11 should not be there. Arbitration was brought to ease burden but it is not helping. We should have trained people. India should be a hub of arbitration and remove issues arising out of section 11 and section 34.
– Senior Advocate Akshay Bhan
Ideating and doing conferences among young people to ultimately leave everyone enlightened about the concept of institutional arbitration. Law student might think why Section 11 is so complicated but attending conferences will make students understand why it becomes a complex litigation matter in practical life.
– Mr Shashank Garg
How to evolve Chandigarh as arbitration hub?
We cannot become hub of arbitration till we shift focus from Delhi and Mumbai to Chandigarh, Kanpur, Chennai etc. Geographical diversity is the key.
– Mr Tariq Khan
Conventional courts are flooded with matrimonial and criminal cases. Can some type of cases be taken up by arbitration?
Personal injury and matrimonial are kept away for a reason. Skilled mediators take care of them including Lok Adalat etc. MSMEs matters are taken care by conciliators. We can ideate in future but now is not the time.
–Mr Shashank Garg
The event concluded with an enriching discussion. SCC Online collaborated with the event as Knowledge Partners.
