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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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Pawan Khera faces fresh setback as Supreme Court refuses relief in passport row case

Congress leader Pawan Khera faces fresh setback as Supreme Court refuses interim relief and directs him to seek bail from Guwahati High Court.

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Pawan Khera

Congress leader Pawan Khera suffered another legal setback on Friday after the Supreme Court of India declined to extend protection in a case linked to his remarks about Himanta Biswa Sarma’s wife.

A bench of the apex court refused to interfere with an earlier order that had stayed the transit anticipatory bail granted to Khera by the Telangana High Court. This decision leaves the Congress leader open to possible arrest by Assam Police in connection with the case.

During the hearing, Khera’s counsel sought interim protection, but the court declined the request and advised him to approach the appropriate court in Assam for relief. The bench clarified that the Guwahati High Court should decide any bail plea independently and on its merits.

“Am I a terrorist?” remark during hearing

While seeking protection, Khera’s legal team expressed concern over the urgency of the situation. In court, his counsel remarked, “Am I a terrorist?” highlighting the plea for temporary relief until a fresh bail application could be filed.

The Supreme Court also raised concerns over the submission of incorrect documents during the proceedings, adding another layer to the legal complications faced by the Congress leader.

Case linked to remarks on CM’s wife

The case stems from a press conference held earlier this month, where Khera made allegations regarding the citizenship status and financial assets of the Assam Chief Minister’s wife, Riniki Bhuyan Sharma.

He had claimed that she possessed multiple passports and owned undisclosed overseas properties. These allegations were strongly denied by the Chief Minister’s family, who termed them fabricated and misleading.

Legal battle intensifies

Earlier, the Telangana High Court had granted Khera temporary transit anticipatory bail, allowing him time to seek relief from a competent court in Assam. However, the Supreme Court stayed that order following a challenge by Assam authorities, escalating the legal battle.

With the latest ruling, Khera is now expected to move the Guwahati High Court for anticipatory bail as the case continues to unfold.

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Congress suspends 5 Haryana MLAs over cross-voting in Rajya Sabha polls

Congress suspends five Haryana MLAs for cross-voting in Rajya Sabha elections, citing serious indiscipline and anti-party activities.

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The Congress has suspended five of its MLAs in Haryana for cross-voting during the recent Rajya Sabha elections, taking disciplinary action over what it described as “anti-party activities”.

The move came after the state unit reviewed the conduct of certain legislators during the polls, where some were found to have voted against the party’s authorised candidate.

Five MLAs suspended after disciplinary process

According to party sources, the MLAs were issued show-cause notices seeking an explanation for their actions. After reviewing their responses, the Congress disciplinary committee recommended suspension.

The decision was approved by the party leadership, including Congress president Mallikarjun Kharge, and has been implemented with immediate effect.

Party calls it ‘grave indiscipline’

Haryana Congress chief Udai Bhan said the action was necessary to uphold party discipline, stressing that defying the official party line during elections weakens organisational unity.

He said the party takes such violations seriously and will continue to act against any form of indiscipline.

Leadership backs strict action

Senior Congress leader and Leader of Opposition Bhupinder Singh Hooda supported the decision, saying it was taken after due consideration.

He noted that while Rajya Sabha elections are conducted through an open ballot system, allowing legislators some flexibility, the party retains the authority to initiate internal disciplinary action in cases of deviation.

Background

The action follows cross-voting reported during the recent Rajya Sabha elections in Haryana, which led to internal concerns within the party. The development has highlighted organisational challenges and prompted the leadership to take corrective steps to reinforce discipline.

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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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