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Challenges & Future of Arbitration and Mediation in India

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Legal Leadership Conclave

[vc_row][vc_column][vc_column_text]Legal luminaries to provide insights at the Legal Leadership Conclave organised by India Legal magazine and ENC grouptomorrow(Saturday, Aug 17) at Bengaluru

At a time when India launches on the path to establish itself as a leading economic power, India Legal magazine, a leading weekly on all matters legal and constitutional, has taken the initiative to organise an event for brainstorming on a key aspect relating to conduct of business in the country.Legal Leadership Conclave

Many of the top legal luminaries of the country, experts in their domain, will gather at the Legal Leadership Conclave to be held tomorrow (Saturday, Aug 17) at Taj West End, Bengaluru, on the theme of challenges and future of arbitration and mediation in India to provide their valuable insights on different aspects of the subject.

The event is being held in partnership with the ENC group and APN, together with JASHN Events.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1565957779560{border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #bababa !important;border-radius: 10px !important;}”]Here is a brief note about the eminent persons of law who will address the conclave:

Justice MN Venkatachaliah, former Chief Justice of India (1993-94), the patron of the ENC group is the chief guest at the conclave.

Justice TS Thakur, 43rd Chief Justice of India, has held arbitration to be the most viable form of dispute resolution that could reduce pressure on courts allowing quicker delivery of justice. He will chair the first technical session of the LegalLeadershipConclave organised by India Legal Magazine.

Justice BN Srikrishna, a former Supreme Court judge, who will speak on challenges and reforms in Indian arbitration and mediation system at the conclave, is currently the chairman of the Financial Sector Legislative Reforms Commission (FSLRC) and also works as an independent arbitrator.

Justice Alok Aradhe, serving as Judge, Karnataka High Court since Nov 17, 2018, had worked on Arbitration and Company Matters at the very start of his career in law as an advocate. One of the distinguished participants in first technical session of the conclave, he will speak on  Challenges to arbitral awards – commercial courts and need for training of judges.

Justice (Retd) V Jagannathan, who was a judge in Karnataka High Court and served on Arbitration and Conciliation Centre – Bengaluru, will speak on “Arbitration as an effective tool for ADR process” in the first technical session.

Justice RV Raveendran, a former judge of the Supreme Court of India, who has a formidable reputation as an expert in arbitration, will chair the second technical session at the conclave.

Justice (Ms) BV Nagarathna of the Karnataka High Court has earlier practised law pertaining to, among other things, arbitration and conciliation. An eminent speaker to address the second technical session, she will talk about “Mediation: Achievements and Challenges”.

Senior advocate Sriram Panchu, who has been in the forefront of the mediation movement in India and is an internationally recognized Indian mediator, will speak on “Arbitration and Mediation: Strange bedfellows or harmonious partners”.

Senior Advocate and Mediator Shiv Kumar, one of the eminent speakers at the conclave, will talk about “Med-Arb: Need for Statutory Reforms and Training” in the second technical session.

Deepak Sharma, Managing Director, North-Starcom MediaVest Group, will speak on “Branding India as International Mediation hub”.

Prof Ashok R Patil of national Law School of India University, a director of the Online Consumer Mediation Centre set up by the Ministry of Consumer Affairs, Government of India, will speak on “Online Mediation: Future techniques of mediation” in the 2nd technical session of the conclave.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Arbitration and Mediation are the forms of Alternative Dispute Resolution. As opposed to litigation which is adversarial, these are means for resolving disputes. With the problem of mounting pendency of cases these can provide an alternative ways to resolve disputes or conflicts.

While such resolution of disputes is a key catalyst for economic growth, India, although an emerging global powerhouse, lags far behind most developed economies in this regard.

As India moves towards the aim of becoming a $5 trillion economy in the next five years, it is imperative that to find ways to address the increasing judicial backlog, ease the burden on courts and encourage investor confidence.

In the search for newer and more efficient solutions, the case for bolstering alternative dispute resolution mechanisms, if there ever needed to be one, has never been stronger.

The laws relating to arbitration, mediation and conciliation have been on the statute books for over two decades now, but we are yet to fully reap their benefits.One Day Legal Conclave to Examine Challenges of Arbitration and Mediation in City

Recently, Parliament passed the New Delhi International Arbitration Centre Bill to set up an independent and autonomous regime for institutionalised domestic and international arbitration. But a considerable distance needs to be travelled to turn India into an international arbitration hub competing with the likes of those in Singapore, London and Paris.

With this conclave, India Legal aims to bring together various stakeholders to discuss and evaluate how this turnaround can be achieved.

Legal leadership Conclave is a series of discussions and events being held nationwide on a wide range of contemporary legal issues with the participation of sitting judges of the Supreme Court and High Courts and several other legal luminaries and thought leaders under the banner of ENC Group.

Earlier conclaves focused on similar areas of core interest to businesses. The Legal Leadership Conclave held at Mumbai in April had Insolvency and Bankruptcy Code (IBC) as the topic for discussion.

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Akhilesh Yadav says BJP orchestrated Sambhal violence to cover up byelection malpractice

He said that impartial investigations would reveal that many voters were unable to cast their ballots and that someone else had fraudulently voted in their place.

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Samajwadi Party chief Akhilesh Yadav on Sunday accused the BJP government of orchestrating the violence in Uttar Pradesh’s Sambhal district during a mosque survey, claiming it was a ploy to distract from electoral malpractice.

Yadav, the former chief minister of Uttar Pradesh, also alleged incidents of electronic booth capturing during the recently concluded bypolls for nine Assembly seats in the state, suggesting that a forensic examination of the electronic voting machines (EVMs) by the Election Commission could provide clarity on the situation.

Earlier in the day, the Uttar Pradesh Police used tear gas to disperse the crowd after it got violent and started stone pelting as tension escalated during a second survey of the Mughal-era mosque, claimed to be originally the site of an ancient Hindu temple. At least ten people were detained following the violent clash.

The local administration said that a second survey, led by an “Advocate Commissioner” as part of a court-mandated examination of the disputed area, commenced around 7 AM, attracting a gathering crowd.

Yadav made the statement a day after the results of the UP bypolls, where the Samajwadi Party secured only two seats, while the BJP and its ally, the RLD, won seven, including the Kundarki seat, which has a significant Muslim population.

“A serious incident took place in Sambhal, where a survey team was intentionally sent in the morning to disrupt election discussions. Their goal was to create chaos and prevent any debate on election-related issues,” Yadav claimed.

He said that several individuals were injured in the Sambhal violence, with one fatality, and questioned the need for a new survey conducted without proper preparation, especially when a previous survey had already been completed.

The Samajwadi Party chief said, “I won’t delve into legalities, but the other side wasn’t given a fair hearing. This was clearly designed to incite emotions and distract from conversations about electoral fraud.”

Yadav asserted that the events in Sambhal were a deliberate act by the BJP to divert attention from the alleged electoral irregularities. “In a true democracy, victory should come from the people, not the system. The kind of democracy the BJP is establishing ensures that the system prevails over the voters,” he stated.

He said that impartial investigations would reveal that many voters were unable to cast their ballots and that someone else had fraudulently voted in their place.

He charged that on election day, the police and administration removed nearly all of the Samajwadi Party’s booth agents and many supporters eager to vote. “If voters were shut out, who actually cast the votes? If our party’s votes didn’t reach those booths and our candidate received no support, then who voted there? This is a serious concern,” he said.

Yadav also pointed out discrepancies with polling slips, alleging the presence of both red-marked and regular slips, which he claimed led to discriminatory practices on voting day. Haji Rizwan, the Samajwadi Party candidate for Kundarki, echoed the same claims, stating that his supporters faced barriers to voting. BJP’s Ramveer Singh won the Kundarki bypoll by a notable margin of over 145,000 votes.

Yadav said that a victory gained through deceit is nothing but an illusion that ultimately burdens those who orchestrated it. “This entire act has been staged by the BJP. Such a victory only morally weakens those who achieve it and dulls their conscience,” he said.

He questioned how one can uphold democracy when the government and administration themselves engage in oppression. “This dishonesty is not a new phenomenon. Election rigging has become their standard operating procedure, and the evidence has been captured on camera. Even an MLA faced humiliation,” the former chief minister alleged.

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Former CJI Chandrachud removed fear of law from political defectors, claims Shiv Sena (UBT) leader Sanjay Raut

 “If he would have given a timely verdict in disqualification petition of Shiv Sena (UBT), the scenario in Maharashtra would have been different. History will never forgive him,” he said. 

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Shiv Sena (UBT) leader Sanjay Raut on Sunday criticised former Chief Justice of India D Y Chandrachud, accusing him of undermining the rule of law for politicians who switched parties in Maharashtra.

This statement from Raut follows his party’s disappointing performance in the recent state Assembly elections, where they secured only 20 out of the 95 seats contested within the Maha Vikas Aghadi (MVA) alliance. The results for the alliance’s partners were similarly poor, with Congress winning 16 of 101 seats and the NCP (SP) claiming just 10 of the 86 seats they contested for.

Raut asserted that by failing to rule on the disqualification petitions, Chandrachud enabled defections to occur freely.

Speaking to reporters, Raut said: “Chandrachud has eradicated the fear of the law among defectors. His actions will be remembered negatively in history.”

After the split of the Shiv Sena in 2022, the faction led by Uddhav Thackeray filed petitions in the Supreme Court seeking the disqualification of MLAs who defected to join Eknath Shinde. The Supreme Court subsequently assigned the responsibility to the Assembly Speaker, who earlier this year ruled that the Shinde-led faction represented the real political party.

Raut said the result of the Maharashtra Assembly election 2024 could have been different if Chandrachud had not delayed the decisions regarding disqualification petitions.

 “If he would have given a timely verdict in disqualification petition of Shiv Sena (UBT), the scenario in Maharashtra would have been different. History will never forgive him,” he said. 

“The choice of Maharashtra’s Chief Minister will be dictated by the Gujarat lobby. Perhaps the swearing-in ceremony should take place in Gujarat instead of Maharashtra,” he said. Additionally, Raut credited the Rashtriya Swayamsevak Sangh (RSS) for their role in the success of the Mahayuti coalition, alleging that their aggressive campaigning techniques significantly influenced the election results.

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At all-party meet, Congress demands discussion on Adani, Manipur in Parliament winter session

The winter session of Parliament is scheduled to continue until December 20, with no sessions planned for November 26 in observance of Constitution Day.

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In the customary all-party meeting convened by the government ahead of the winter session of Parliament on Sunday, the Congress demanded that the BJP-led central government discuss allegations against the Adani Group and the Manipur violence.

Congress leader Pramod Tiwari said that his party demanded discussions on issues such as the Adani Group bribery allegations, the Manipur crisis, pollution, and train accidents in the parliamentary session, which is starting on Monday.

Union Minister of Parliamentary Affairs Kiren Rijiju announced during a press conference that an all-party meeting was held to discuss the upcoming winter session of Parliament. A total of 42 political representatives were present, consisting of 30 party leaders and party floor leaders, each contributing their suggestions, he added.

Rijiju stated that these suggestions would be reviewed with the business advisory committee and the Speakers of both Houses to determine which issues would be addressed in the Lok Sabha and Rajya Sabha. He emphasised the desire for constructive and peaceful discussions in both Houses.

Speaking to the media after the meeting, Congress leader Gaurav Gogoi highlighted several key issues raised by the Congress and the INDIA alliance during the meeting. He pointed out that a significant concern was the financial sector scam recently highlighted by the US government, urging the BJP-led NDA government to provide clear answers regarding the matter.

Regarding the issues discussed, AAP leader Sanjay Singh noted that corruption related to the Adani group was damaging India’s global reputation and warranted further discussions.

He also mentioned the ongoing violence in Manipur, which has persisted for a year and a half without government intervention. Additionally, Singh said he raised concerns about irregularities during the Uttar Pradesh bypolls, where voters faced intimidation, questioning the integrity of the electoral process.

Singh expressed skepticism about the government’s claim to implement the Waqf Bill without awaiting the Joint Parliamentary Committee’s report.

SAD leader Harsimrat Kaur Badal said she brought to attention several issues concerning farmers, stating that they are being exploited by a central government, receiving less than the minimum support price (MSP) for their crops.

She noted that a significant percentage of DAP fertiliser supplied by the Centre is reportedly fake, and highlighted concerns regarding land transfers to Haryana in Chandigarh, which violate the Punjab Reorganization Act.

In the meeting, Badal also criticised the forced acquisition of farmland for the Bharatmala Expressway and suggested that there may be a collaborative effort between the Centre and the Opposition to stall House proceedings, emphasising that the responsibility to manage the House lies with the government.

The Congress party, which is the largest Opposition party in the House, is expected to prioritise discussions on the situation in the Northeast, the ongoing border tensions at the Line of Actual Control, and allegations surrounding businessman Gautam Adani.

The government has prepared 16 bills for consideration, including the Waqf Amendment Bill, which is under review by the Joint Parliamentary Committee.

Moreover, there may be discussions regarding the contentious ‘One Nation, One Election’ proposal, which Prime Minister Narendra Modi has supported as a means to optimise resources and enhance democracy, although it has faced opposition from Congress.

The winter session of Parliament is scheduled to continue until December 20, with no sessions planned for November 26 in observance of Constitution Day.

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