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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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India News

Centre asks Blinkit, Zepto and Swiggy to stop 10-minute delivery claims

The Centre has urged Blinkit, Zepto and Swiggy to remove 10-minute delivery claims, citing safety concerns for delivery partners, government sources said.

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10 minutes delivery

The Centre has asked quick commerce platforms such as Blinkit, Zepto and Swiggy to remove claims related to 10-minute deliveries, citing concerns over the safety of delivery partners, according to government sources.

The issue was discussed during a meeting between Union Labour Minister Mansukh Mandaviya and representatives of major food and grocery delivery aggregators. Executives from platforms including Zomato, Swiggy, Blinkit and Zepto were present at the meeting, sources said.

Safety of delivery partners discussed in meeting

Government sources indicated that the minister raised concerns about strict delivery timelines and their potential impact on the safety and well-being of delivery partners. Platforms were advised to prioritise safe working conditions instead of promoting ultra-fast delivery promises.

The discussion focused on delivery expectations, rider pressure and the broader responsibility of aggregators towards their workforce, sources added.

Blinkit revises tagline after government intervention

Following the meeting, Blinkit has revised its marketing tagline. The platform earlier promoted “10,000 plus products delivered in 10 minutes” but has now changed it to “30,000 plus products delivered at your doorstep,” according to sources.

The revision reflects a shift away from highlighting delivery speed as a key promise, in line with the concerns raised during the discussions.

The government is expected to continue engaging with aggregators on labour welfare and safety-related issues, sources said.

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AI errors in voter list digitisation causing hardship during SIR, Mamata writes to EC chief

Mamata Banerjee has written to the chief election commissioner alleging that AI-driven digitisation errors in electoral rolls are causing hardship, harassment and distress to genuine voters during the SIR process in West Bengal.

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mamta banerjee

West Bengal Chief Minister Mamata Banerjee has once again written to Chief Election Commissioner Gyanesh Kumar, alleging that errors arising from AI-driven digitisation of the 2002 electoral rolls are causing widespread hardship to genuine voters during the ongoing Special Intensive Revision (SIR) exercise in the state.

In her fifth letter since the SIR process began, Banerjee claimed that the use of artificial intelligence tools to digitise older voter lists led to serious inaccuracies in electors’ personal details. According to her, these errors have resulted in large-scale data mismatches, with many genuine voters being wrongly flagged as having “logical discrepancies”.

The chief minister accused the Election Commission of disregarding statutory processes that had been followed over the past two decades. She said voters were now being forced to re-establish their identity despite corrections having been made earlier through quasi-judicial hearings.

Calling the approach arbitrary and illogical, Banerjee alleged that it went against the constitutional spirit by effectively disowning the commission’s own past actions and mechanisms. She further claimed that voters submitting documents during the SIR exercise were not being given proper acknowledgements, terming the procedure “fundamentally flawed”.

Raising concerns over the nature of hearings, Banerjee said the SIR process had become largely mechanical and overly dependent on technical data, lacking sensitivity, human judgment and compassion. She argued that such an approach undermines democratic values and the constitutional framework.

Highlighting the human impact of the exercise, the chief minister claimed that the revision process had already seen 77 deaths, four suicide attempts and 17 cases of hospitalisation. She attributed these incidents to fear, intimidation and excessive workload caused by what she described as an unplanned exercise by the Election Commission.

Banerjee also criticised the treatment of several eminent citizens, alleging that they were subjected to harassment during the process. She further expressed concern over the handling of cases involving women voters, particularly those who had changed their surnames after marriage or shifted to their matrimonial homes.

According to her, women electors were being questioned and summoned to prove their identity, reflecting a lack of social sensitivity and amounting to an insult to women and genuine voters. She questioned whether a constitutional authority should treat half of the electorate in such a manner.

Urging immediate corrective steps, Banerjee called on the Election Commission to address the issues arising from the SIR exercise to end what she described as harassment and agony for both citizens and officials, and to safeguard democratic rights.

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India News

Communist Party of China delegation visits BJP headquarters in Delhi

A delegation from the Communist Party of China, led by Vice Minister Sun Haiyan, visited the BJP headquarters in Delhi and held discussions on inter-party communication.

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China delegation visits BJP office

A delegation from the Communist Party of China (CPC), led by Sun Haiyan, Vice Minister of the International Department of the CPC Central Committee (IDCPC), visited the Bharatiya Janata Party (BJP) headquarters in Delhi on Monday.

During the visit, the Chinese delegation held discussions with a BJP team headed by party general secretary Arun Singh. The talks focused on ways to advance inter-party communication and engagement between the BJP and the CPC.

Sharing details of the meeting, BJP foreign affairs department in-charge Vijay Chauthaiwale said the interaction involved an in-depth exchange on strengthening party-to-party dialogue. He confirmed the visit in a post on social media, stating that the CPC delegation was received at the BJP head office as part of ongoing inter-party interactions.

The Chinese Ambassador to India, Xu Feihong, was also present during the meeting, accompanying the CPC delegation.

According to Chauthaiwale, the visit was led by Sun Haiyan in her capacity as Vice Minister of the IDCPC, underscoring the importance attached to party-level exchanges between the two sides.

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