Supporting International Institutions
Supporting Industry Associations
Patron in Chief
The Chief Justice of India, Hon’ble Mr. Justice Tirath Singh Thakur is the Patron in Chief of the Conference.
The National Institution for Transforming India, also called NITI Aayog, is the premier policy ‘Think Tank’ of the Government of India, providing both directional and policy inputs. While designing strategic and long term policies and programmes for the Government of India, NITI Aayog also provides relevant technical advice to the Centre and States.
Ministry of Law and Justice
Ministry of Law And Justice is the highest body within the Government of India which advises the Government Ministries on legal issues and drafting principal laws for the Central Government.
Department of Industrial Policy & Promotion (DIPP)
The DIPP, under the Ministry of Commerce & Industry, not only regulates the industrial sector but also acts as a facilitator of technology and investment flows in an ever growing and liberalized Indian economy.
National Legal Services Authority (NALSA)
The NALSA has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes. Hon’ble Mr. Justice Tirath Singh Thakur, the Chief Justice of India is the Patron-in-Chief of NALSA.
International Centre for Alternative Dispute Resolution (ICADR)
The ICADR is an autonomous organization working under the aegis of the Ministry of Law & Justice, Govt. of India with its headquarters at New Delhi and Regional Centres at Hyderabad and Bengaluru. The Chief Justice of India and the Union Minister of Law and Justice are the Ex-Officio Patrons of ICADR.
The National Initiative On Strengthening Arbitration And Enforcement In India
In recent times, India has undertaken major structural reforms to facilitate ease of doing business. These include a robust bankruptcy framework, a new digital payments regulatory regime and vast reforms in the corporate law statute. To complement these reforms and further deepen India’s engagement with international commerce, the Indian Government has recently unveiled various policy measures to facilitate commercial dispute resolution especially through arbitration. Vast scale legal reforms have been undertaken to revamp the existing arbitration framework. Our attempt is to improve the institutional capacity necessary to create a vibrant ecosystem to make India the next big hub for international commercial arbitration.
To brainstorm on the above, NITI Aayog is organising a “Global Conference on National Initiative towards Strengthening Arbitration and Enforcement in India”. Hon’ble the Chief Justice of India is the Chief Patron of the Conference. The President of India will be inaugurating the Conference.
This international conference aims to provide a platform to engage the Indian legal and policy making community with the broader international commercial arbitration community especially the top-tier international arbitral institutions and all relevant stakeholders. We hope this initiative will serve as a platform for discussion on critical issues relating to arbitration, experience sharing on international best practices and charting a roadmap to strengthen arbitration and its enforcement in the country which will ultimately feed into effective policy making necessary to augment the institutional capacity for promoting international commercial arbitrations in India.
The conference will be a two and a half day event from October 21st 2016-23rd October, 2016. It will open in the afternoon of 21st October with the inauguration followed by a key note address. The next day will be dedicated to technical sessions. The last day would have a technical session followed by a valedictory programme.
I. India’s Arbitration Act: the Good; the Not-So- Good and the Unfinished Business. [This session will essentially be a critique of the 1996 Arbitration Act and the 2015 Amendments thereto.The session will also discuss possibilities for expedited dispute resolution procedures for special users/groups].
II. Setting up a World Class Autonomous Arbitration Institution: Looking Beyond Bricks and Mortar. [The session will focus on what goes into setting up a world class arbitral institute. It will include an interaction with persons who have had a prime role in placing their arbitral institute on the world map. Speakers will discuss the structuring they followed, the suitability for India, the state support received and the initiatives undertaken to promote their institute.]
III. Case Management of Arbitrations: Dos and Don’ts. [The session will explore the best practices including dealing with errant respondents and types of sanctions that could be deployed. The session will also explore the soft laws of arbitration (the IBA Rules on Taking of Evidence in International Arbitration and the IBA Guidelines on Conflict of Interest and others) including the larger issue as to what extent the courts should give deference to these practices.]
IV. Court Support for Arbitrations in its Three Stages: Before, During and Post Rendering of the Arbitral Award. [The role of the court differs at different stages. While non-intervention by courts is a fundamental feature of the Indian Act, court support is vital in thwarting attempts to stall the arbitration at various stages as well as during discovery, interim measures, witness examination etc. In the challenge/enforcement stage the Indian court now wears different hats (with differing standards for domestic and international arbitrators). How this will work out in practice, and what is the right balance the courts must strike in the interest of justice? The session will also explore conflict of jurisdiction issues.]
V. The Outsider’s Advice: What does the Outsider have to Share? [This session will primarily have international arbitrators (who have also sat in Indian arbitrations) share their experience.]
VI. Experience Sharing and Expectations This session will largely have members from the user community i.e. corporate leaders and senior government officials who have been in the thick of high level disputes. They will share how arbitrations have worked for them as an ADR mechanism and also if other ADR mechanisms have fared better and if not, why. They will also share a lay perspective on their expectations from the courts, the State, and the arbitration tribunals.
VII. The Future of International Arbitration: This session will essentially be a brainstorming session of the international judiciary on strengthening arbitration internationally focusing on India’s role therein. The session will help provide a blueprint for the steps that are critical in strengthening arbitration and its enforcement in India and across the globe.
5:30-6:46 PM Inaugral Session
9:00-9:30 AM Registration, coffee and tea
9:30-10:45 AM Panel I Theme-: Setting up a World Class Autonomous Arbitration Institution: Looking Beyond Bricks and Mortar.
10:45-12:00 PM Panel II Theme-: India’s Arbitration Act: the Good; the Not-So-Good and the Unfinished Business
12:00-1:15 PM Panel III Theme-: Case Management of Arbitrations: Dos and Don’ts.
1:15-2:00 PM Lunch
2:00-3:15 PM Panel IV Theme-: Court Support for Arbitrations in its Three Stages: Before, During and Post Rendering of the Arbitral Award.
3:15-4:30 PM Panel V Theme: The Outsider’s Perspective
4:30-4:45 PM Tea
4:45-6:00 PM Panel VI Theme: Experience sharing
9:30-10:45 AM Panel VII Theme-: The Future of International Arbitration
10:45-11:15 AM Tea
11:30-1:00 PM Valedictory Session
1:30 PM Onwards Lunch
Vigyan Bhawan, New Delhi
Registrations are now open for all.
Suparna Jain or Aparajita Gupta
NITI Aayog, Government of India