Third IBA India Litigation and ADR Symposium 2024: From fringe to focal: India at the centre of international dispute resolution

8 Nov - 9 Nov 2024

Session information

India’s institutional arbitration odyssey: a vision for the future of dispute resolution (party autonomy vs institutional control)

Saturday 9 November (0930 - 1100)

Description

This session will explore India’s new arbitration institutions, such as the Mumbai Centre for International Arbitration (MCIA) and the International Arbitration and Mediation Centre (IAMC), and examine their efficacy. The benefits of institutional arbitrations as opposed to ad hoc arbitration and the advantages of the rulebased order for each such case will be discussed. The panellists will also discuss the disadvantages of rigid institutionalised arbitration. Some of the newly developed tools for conducting arbitration whilst recording submissions and evidence will be discussed against the backdrop of ordinary ad hoc arbitration approaches decided by party autonomy and negotiated clauses. The panel will also explore some of the difficulties arising from unique midnight clauses prepared by lawyers under pressure, and the resulting chaos that arises through party autonomy and their failure to take into account standard clauses suggested by institutions as one clause fits all solutions.

Session / Workshop Chair(s)

Atul Sharma Dentons Link Legal, New Delhi, Delhi, India
Preetha Sreedharan Pillai SKRINE, Kuala Lumpur, Malaysia; Co-Chair, Asia Pacific Regional Forum

Speakers

Tejas Karia Shardul Amarchand Mangaldas & Co, New Delhi, Delhi, India
Naveen Raju Mahindra & Mahindra, Mumbai, Maharashtra, India
Neeti Sachdeva Mumbai Centre for International Arbitration, Mumbai, Maharashtra, India
Amit Sibal Senior Advocate, New Delhi, Delhi, India

Session presentations