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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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Hardeep Singh Puri set to win Rajya Sabha bypoll unopposed

Union Minister Hardeep Singh Puri is set to be elected unopposed to the Rajya Sabha from Madhya Pradesh after the returning officer rejected the nomination papers of two independent candidates.

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Hardeep Puri

Union Petroleum Minister Hardeep Singh Puri is set to enter the Rajya Sabha unopposed from Madhya Pradesh after the nomination papers of two independent candidates were rejected during scrutiny on Tuesday.

The two candidates whose nominations were rejected were Kante Sayanna and Rajkumar Lohani, the latter being backed by the Congress. Their rejection leaves Puri as the only candidate in the contest for the vacant Rajya Sabha seat.

According to an official, the result will be announced on November 5, which is also the last date for withdrawal of nominations.

The Returning Officer, Umesh Sharma, examined the nomination papers on the last day of scrutiny and rejected the two independent candidates’ applications.

Objections raised against Hardeep Puri’s nomination

The nomination papers submitted by Puri also faced objections from the two independent candidates and Congress leader Hemant Katare.

They questioned the validity and completeness of Puri’s affidavit filed in Form 26, raising concerns over whether the mandatory details had been properly furnished.

However, after examining the objections, Returning Officer Umesh Sharma concluded that Puri had not violated any requirements under the Representation of the People Act.

Sharma stated in his order that no defect had been found in Puri’s nomination papers that could justify their rejection.

Following the decision, Katare and Congress MLA Atif Aqeel announced that they would approach the court against the order.

Calling the decision an attack on Indian democracy, the Congress leaders said in a statement that Puri’s nomination should have been rejected despite what they described as significant errors.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election was necessitated by the resignation of Union Minister L Murugan, which left a Rajya Sabha seat vacant in Madhya Pradesh.

With the nomination papers of both independent candidates rejected and Puri’s nomination cleared, the Union minister is set to be elected unopposed.

The final announcement is expected on November 5, the last day for withdrawal of nominations.

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Yogi Adityanath announces free LPG cylinders on Diwali and Holi

Uttar Pradesh Chief Minister Yogi Adityanath has announced one free LPG cylinder each on Diwali and Holi for eligible Pradhan Mantri Ujjwala Yojana beneficiaries. The state has allocated Rs 1,500 crore for LPG refill subsidies covering more than 1.89 crore beneficiaries.

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Uttar Pradesh Chief Minister Yogi Adityanath on Tuesday announced that eligible families covered under the Pradhan Mantri Ujjwala Yojana (PMUY) will receive one free LPG cylinder each on Diwali and Holi.

The announcement came as the Chief Minister participated in a programme organised for distributing LPG refill subsidies to more than 1.89 crore beneficiaries across the state.

The Uttar Pradesh government has allocated Rs 1,500 crore for providing subsidies on LPG cylinder refills to eligible families under the scheme.

Addressing the gathering, Adityanath explained the cost of a domestic LPG cylinder and the subsidy provided by the Centre.

“The price of one domestic gas cylinder is Rs 983.45, and out of this, the Government of India provides a subsidy of Rs 335. You have to spend Rs 648.55 from your own pocket,” he said.

The Chief Minister said the state government had decided to provide one cylinder to poor families covered under the Ujjwala scheme on Diwali and Holi.

“With the money you save, you can buy Diwali sweets and lamps,” he said.

Yogi Adityanath targets previous Congress government

During his address, Adityanath also compared the availability of LPG connections under the present government with the situation during the Congress government’s tenure.

He said people previously faced several difficulties in obtaining a single gas connection, while the present government had provided free gas connections to poor families.

The Chief Minister described the initiative as an example of good governance.

Yogi Adityanath on Ayodhya’s Deepotsav

Earlier on Tuesday, Adityanath described Ayodhya’s Deepotsav, scheduled for November 7, as a symbol of social unity.

In a post on X, he said the festival brought together people from different sections of society through shared faith and cultural participation.

He also referred to the Deepotsav tradition initiated by the state government in 2017, saying it had transformed Ayodhya’s cultural heritage into a celebration involving people from different walks of life.

The Chief Minister is scheduled to visit Ayodhya to review preparations for the event.

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Election Commission clarifies Form 6 rules for existing voters under SIR

The Election Commission has clarified that voters previously enrolled in electoral rolls can submit Form 6 for inclusion if their names are missing from draft lists published during the Special Intensive Revision (SIR).

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Election Commission of India

The Election Commission of India (ECI) has clarified that voters whose names appeared in earlier electoral rolls but are missing from draft lists published during the ongoing Special Intensive Revision (SIR) can submit Form 6 to seek inclusion in the final electoral roll.

In a communication issued on November 3 to the Chief Electoral Officers (CEOs) of all states and Union Territories, the poll body addressed concerns among previously registered voters who were hesitant to submit the form because of the declaration required alongside it.

The Commission clarified that submitting Form 6 in such circumstances would not, by itself, amount to making a false declaration merely because the applicant had been enrolled as a voter previously.

It also stated that no action under Section 31 of the Representation of the People Act, 1950, would be initiated against such applicants solely on the ground of their previous enrolment.

However, this protection applies provided the applicant is not already registered in another Parliamentary or Assembly constituency and the declaration submitted is otherwise in accordance with the law.

Why existing voters were hesitant to submit Form 6

The clarification follows concerns that some previously enrolled voters were reluctant to apply for inclusion in the electoral roll after finding their names missing from the draft lists published during the SIR exercise.

Form 6 requires applicants to furnish a declaration stating that their names are being included in the electoral roll for the first time.

This created apprehensions among previously registered voters, who feared that submitting the form despite their earlier enrolment could be treated as a false declaration and expose them to prosecution under Section 31 of the Representation of the People Act, 1950.

The Election Commission has now clarified that earlier registration does not prevent an eligible voter from submitting Form 6 again when their name does not appear in the draft electoral roll.

Election Commission refers to Delhi High Court order

In its communication, the Commission also referred to the Delhi High Court’s October 14 order in the case of Nilotpal Datta and another versus the Election Commission of India and others.

The case concerned an applicant who had previously been enrolled as a voter but was apprehensive about submitting Form 6 because of the declaration that the name was being included in the electoral roll for the first time.

The High Court observed that the petitioners’ apprehension was misplaced and allowed them to submit Form 6, if they wished, for processing in accordance with the law.

The Election Commission’s latest clarification is in line with this judicial observation.

EC asks states and UTs to publicise clarification

The poll body has asked Chief Electoral Officers across all states and Union Territories to ensure that the clarification reaches concerned voters.

It has also requested officials to publicise the information widely through available media platforms and in local languages so that eligible voters are aware of the procedure for seeking inclusion in the electoral roll.

The clarification comes amid ongoing concerns and legal challenges surrounding the Special Intensive Revision of electoral rolls and the process of re-enrolling voters whose names do not appear in draft lists.

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