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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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Cockroach Janta Party gives CEC Gyanesh Kumar 48 hours to resign, warns of nationwide protests

Cockroach Janta Party founder Abhijeet Dipke has demanded the resignation of Chief Election Commissioner Gyanesh Kumar within 48 hours, warning of a nationwide agitation if the demand is not met.

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Cockroach Janta Party (CJP) founder Abhijeet Dipke has demanded that Chief Election Commissioner Gyanesh Kumar resign within 48 hours, warning that the organisation will launch a nationwide agitation if he does not step down.

The demand was made during a press conference on Thursday amid a wider controversy surrounding the Election Commission’s handling of electoral-roll-related matters and the ongoing Special Intensive Revision (SIR).

Dipke alleged that the functioning of the Election Commission under Kumar had raised concerns over the electoral process. These claims are allegations made by Dipke and should not be treated as established facts.

What did Abhijeet Dipke demand?

Dipke called for Gyanesh Kumar’s resignation within 48 hours. He warned that the CJP would begin a nationwide protest if the Chief Election Commissioner did not step down within the deadline.

The organisation said the proposed agitation would follow the lines of its earlier protest at Delhi’s Jantar Mantar.

The CJP also raised other demands related to the electoral process, including a halt to ongoing electoral exercises and the Special Intensive Revision of electoral rolls.

Why is CJP demanding Gyanesh Kumar’s resignation?

The demand comes amid a controversy over the Election Commission’s electoral-roll processes.

The demand came amid a controversy over the Election Commission’s handling of the Special Intensive Revision (SIR) of electoral rolls, following a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised questions about the exercise. 

However, the Election Commission has rejected the suggestion that these differences represented a division within the three-member poll panel. The Commission said that differing views, written notes and internal checks are part of its deliberative process and maintained that decisions, including those concerning SIR, were taken unanimously.

What has Abhijeet Dipke alleged?

Dipke has alleged that more than 13 crore votes were deleted from electoral rolls and questioned the reasons behind the deletions.

He also alleged that voter deletions had affected Opposition leaders and referred to several political figures while making his claims.

These figures and allegations were presented by Dipke during the press conference. They should therefore be attributed to him rather than stated as independently verified facts.

Dipke also questioned whether the alleged deletions could affect the political balance in elections.

What happens if Gyanesh Kumar does not resign?

According to Dipke, the CJP will launch a nationwide agitation if the Chief Election Commissioner does not resign within 48 hours.

He said the organisation would continue its campaign until its demand for Kumar’s resignation was met.

The CJP has also announced a broader campaign against the Election Commission, while warning of further protests.

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Rahul Gandhi attacks CEC Gyanesh Kumar, says vote chori leads to kanoon chori

Rahul Gandhi accused the Election Commission of failing to protect voters and linked his “vote chori” allegation to what he called “kanoon chori”.

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Congress leader and Leader of Opposition in the Lok Sabha Rahul Gandhi on Thursday launched a fresh attack on Chief Election Commissioner Gyanesh Kumar and the Narendra Modi government, alleging irregularities in India’s electoral process.

Addressing a press conference in Delhi, Mr Gandhi linked his earlier allegations of “vote chori” with what he described as “kanoon chori”, arguing that alleged manipulation of votes would have consequences for the country’s law-making and institutional systems.

“From vote chori comes kanoon chori,” Mr Gandhi said, arguing that if votes had been stolen, laws and institutional changes made by lawmakers elected through those votes would also be affected.

Rahul Gandhi attacks Gyanesh Kumar

Mr Gandhi specifically targeted Chief Election Commissioner Gyanesh Kumar and questioned the Election Commission’s handling of the electoral process.

His remarks came amid reports of differences within the poll body over the Special Intensive Revision (SIR) exercise. Mr Gandhi referred to reported concerns involving the Election Commission and alleged that questions raised about the functioning of the poll panel had not been adequately addressed.

He also alleged that the Election Commission had failed in its responsibility to protect the vote, which he described as the foundation of India’s democratic and constitutional system.

‘Vote chori’ claim

Mr Gandhi reiterated his allegations of irregularities in elections and said the issue went beyond individual voters.

He argued that the vote gives power to the Constitution, while the Constitution provides the basis for laws and institutions. On that basis, he said alleged destruction of the voting process would have wider consequences for the country’s constitutional system.

Mr Gandhi also questioned what he described as the disappearance of anti-incumbency in elections involving the BJP, comparing recent electoral outcomes with earlier political trends.

He alleged that the 2024 Lok Sabha and Assembly elections had been manipulated. These remain allegations made by Mr Gandhi and should not be presented as established facts.

Attack on Modi and Amit Shah

During the press conference, Mr Gandhi also targeted Prime Minister Narendra Modi and Union Home Minister Amit Shah while making his allegations about the electoral process.

He questioned the role of the Election Commission and its leadership, and called for accountability over what he described as irregularities affecting India’s voting system.

Mr Gandhi said he was presenting evidence for his allegations and maintained that the issue concerned not only elections but also the functioning of democratic institutions.

The Election Commission’s reported internal differences over the SIR exercise formed part of the backdrop to his remarks. The claims made by Mr Gandhi concern his interpretation of those developments and are distinct from established findings about election manipulation.

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Ram Temple donation theft case chargesheet filed, trustees not named

A chargesheet has been filed in the Ram Temple donation-theft case in Ayodhya. The temple trust’s trustees have not been named as accused.

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A chargesheet has been filed in the case involving alleged theft of donations at the Ram Temple in Ayodhya. The chargesheet, however, does not name the trustees of the temple trust as accused.

The development comes after an investigation into several instances of alleged theft of donations at the temple complex. The probe had examined CCTV footage and other evidence related to the incidents.

Chargesheet filed in donation theft case

The chargesheet has been submitted against those accused in connection with the alleged theft of donations at the Ram Temple.

Importantly, the trustees of the Shri Ram Janmabhoomi Teerth Kshetra Trust have not been named as accused in the chargesheet.

The investigation had focused on incidents in which donations were allegedly stolen from the temple premises. CCTV footage was examined as part of the probe into the reported thefts.

Investigation into 105 theft incidents

An earlier investigation had identified 105 instances of alleged donation theft through CCTV footage. The probe examined the incidents and the people allegedly involved in them.

The case had also led to arrests of accused persons named in the FIR. The investigation subsequently examined the role of individuals connected with the incidents.

The filing of the chargesheet marks a further step in the criminal proceedings related to the alleged theft of donations at the Ram Temple.

Trustees not named as accused

The chargesheet does not name the temple trust’s trustees as accused. This distinction is significant because the filing concerns the individuals against whom the investigating agency has proceeded in the case.

The chargesheet will now form part of the legal proceedings, while the matter will be dealt with through the appropriate judicial process.

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