Conference programme

Indian Courts often decide the outcome of a dispute in the first few days through interim orders. The main dispute can take years thanks to high ‘pendency’ or case arrears in most courts. Pendency increased with the advent of Covid-19, leading to a side-effect described as the ‘pendency pandemic’. Simultaneously, new technology-based reforms and solutions emerged as India realigned itself for virtual hearings, digitised records, online filing and even the somewhat-controlled broadcast of court proceedings. The result may yet be work-in-progress.

This panel will examine the future of Indian litigation, whether a commercial case can be fast-tracked, the risk of innocent undertrials awaiting justice and the prospects of expedited dispute resolution over the next few years. The panel will also explore solutions and advocate best practices for achieving faster adjudication.

In this session we will have the much-needed conversation with law firms and general counsels – what do they need and expect from dispute lawyers today? In evaluating this relationship and the current gaps, we will identify what dispute lawyers today need to do to improve their standing and relationship with law firms and general counsels.

There are major challenges faced in recognition and enforcement of arbitral awards internationally due to unharmonised arbitration laws and different decisions by local courts. In view of this, the panellists will discuss the following issues:

• recognition and enforcement of emergency awards, partial awards and interim awards;
• challenges from the defaulting party in enforcement proceedings;
• public policy and its implications on the enforcement of arbitral awards;
• monetising arbitral awards; and
• attachment proceedings.

This session brings together eminent senior counsels from across India and beyond: from Chandigarh to Chennai and from the Strand to Singapore. Their back stories are as diverse as their practice areas. The session will showcase and celebrate the sheer diversity in litigation culture in various parts of India. Panellists will discuss best practices they have picked up through their years of navigating the Indian courts and through the exposure and experiences gained in alternative forums. Expect their frank views and candid assessments of the state of commercial litigation in the various jurisdictions they have practiced in. Chatham House Rule will apply.

Through a workshop format, we will discuss current issues and best practices in litigation and arbitration, with real life examples and current trends setting the stage for candid discussions and exchange of thoughts on how real-life situations have and should be dealt with in practice.

In this keynote session we will hear from some of the most prominent legal positions and personalities in India on the rule of law and the future of the legal profession. Both current trends and future expectations will be discussed.

This session will discuss the ideal case management order. We will analyse sample orders from various jurisdictions, and discuss various important aspects of case management such as:

• the right stage to have a case management hearing;
• possible challenges to a case management orders;
• judicial time management; and
• equipping a court with the necessary technical infrastructure for fast-track dispute resolution.

• Use of technology and access to justice, such as live streaming of court proceedings, free access to information/judicial precedents, and transcription of the hearings.
• Virtual hearings – India and global experience? Guidelines issued by various organisations?
• Performance enablers and softwares that can be used to bring efficiency in dispute resolution: assistance in drafting pleadings, e-discovery, and recording of evidence.
• Use of artificial intelligence driven softwares and their assistance in adjudication of disputes: international and Indian perspective, opportunities and challenges.
• Use of private online dispute resolution (ODR) for adjudication of disputes: a discussion on ‘the ODR Policy Plan for India’ issued by Niti Aayog.
• Ethical issues in managing a dispute virtually – screen fatigue, bandwidth issues, breach of confidentiality, cyber and data breach.

International arbitration continues to gain significance with the number of arbitral institutions on the rise globally. However, what are the challenges moving forward? This panel will discuss the future of international arbitration with reference to specific cutting-edge developments relating to the interplay between insolvency and international arbitration proceedings, the governing law of the arbitration agreement, and the circumstances in which non-signatories may find themselves bound to an arbitration agreement. The panel will also discuss the implications of the recent decision to open the Indian legal market has on international arbitration in India, the governance of ethical standards in international arbitration and the rise of international commercial courts as an alternative option for cross-border dispute resolution.