Event Report | International Seminar on Transnational litigation, Nirma University

ILNU inaugurated first ever International Seminar on Transnational Litigation on 23rd and 24th March 2019. The Seminar was organized by the Centre for Alternative Dispute Resolution (ADR) of ILNU, in collaboration with International Court of Arbitration (ICC), Penn State International Arbitration Group, Gujarat Chambers of Commerce and Industry (GCCI), Law offices of Mr. Vivek Tanwar and SCC Online. The Chief Guest of the Seminar was Shri Dushyant Dave, Senior Advocate, Supreme Court of India.

The overall theme of the Seminar was “The Magic of International Arbitration”. Prof. (Dr.) Purvi Pokhariyal, Director & Dean ILNU inaugurated the session by delivering the welcome address to the Chief Guest Shri Dushyant Dave, Senior Advocate, Supreme Court of India, keynote speaker William Fox (Former Dean, Columbus School of Law), guest of honour Dr. Stephen Barnes (Associate Dean, Penn State Law University, special guest Mr. Manoj Kumar (Founder & Managing Partner, Hammurabi & Solomon) with Mr. Hiren K. Patel (Managing Director, Nirma Ltd.).

The Chief Guest of the Seminar, Shri Dushyant Dave, Senior Advocate, Supreme Court of India started his speech with discussing the situation of International Commercial Arbitration in India. He said that there is a need to change the mindset of India towards arbitration as it offers fruitful settlement without much time involved. As 40 million cases remain pending in Courts including huge pendency in Supreme Court there is need to address the issue as almost 94 percent of cases towards arbitration are settled outside the Country as here the same remains immature, not backed by law, at the mercy of retired judges and unresolved. He said that there are three institutions that are legal industry, government and industry itself is to be blamed for such huge pendency of cases and no arbitration proceedings. Legal industry is to be blamed as the retired judges preside over arbitration only taking their own good time, Government is to be blamed as it has still not brought an act regarding smooth execution of International Commercial Arbitration and the industry is much to be blamed as they are responsible to love court proceedings and injunctions so that it can take sweet own time of itself. He said that to change the mindset there is need to arrange more workshops and seminars like ILNU all over the country so legal field and upcoming students can understand the urgent need to develop their field of International Commercial Arbitration in India as due to this India is lacking in investment and technology advancements.

This was further proceeded by Panel Discussion on, Transparency v. Confidentiality: A Dilemma in International Commercial Arbitration, the speaker on the panel were, Mr. Ylli Dautaj(Foreign Visiting Faculty at ILNU from Sweden), Mr. Manoj Kumar(Founder, Hamurabi and Solomon) and Ms. Aakansha Kumar(Doctoral scholar , NLU Jodhpur) the said panel was moderated by Prof. William Fox.

The second Panel discussion on day one was on the Topic, Efficiency and cost v. Procedural Fairness and Substantive Quality in International Arbitration, th speaker son the Panel were Mr. Vivek Tanvar(Advocate, Law offices of Mr. Vivek Tanwar), Prof. Ylli Dautaj(Foreign Visiting Faculty at ILNU from Sweden) and Mr. Alok Vajpeyi(Associate, Singhania and Co., India). The said panel was moderated by Ms. Aastha Srivastava(Student, ILNU).

 Day 2 of the International Seminar on Transnational Litigation was held at Renaissance Hotel, Ahmedabad with the first Panel Discussion on Topic: Need for Court like discovery and cross-Examination in International Commercial Arbitration, should the Role of Tribunal be Inquisitorial or Adversarial with speakers for the discussion: Crina Baltag (Acting Editor, Kluwer Arbitration Blog and Sr. Lecturer, University of Bedfordshire, UK), Ajay Thomas (Vice Chairman, ICC India Arbitration Group), Ajar Rab (Partner, Rab and Rab Associates).


Then came another panel discussion on topic: Should Arbitration be Limited to Only Two Parties? With speakers for the debate: mr. Ylli Dautaj (Foreign Visiting Faculty at ILNU from Sweden), Kiran Manokaran (Research Consultant, Amnesty International India), Alok Vaj[peyi (Associate, Singhania and Co., India), Bruno Gustaffson (Associate at Roschier Attorneys Ltd.), Arjun Doshi (Associate, Shardul Amarchand and Mangaldas, Mumbai) The said panel was moderated by Mr. Rachit Khandelwal(Student, ILNU).

The last panel discussion was on the topic: The Fine Line Between Court Assistance and Court Intervention in International Commercial Arbitration with speakers for the panel: Vyapak Desai, Tejas Karia, Rajendra Barot. The event was concluded with Thanks Giving by Prof. Nikita Koradia and launch of Journal for ADR (special edition).

 

Following is the List of Top 5 papers received in “Call for Papers/Articles/ Essays” during International Seminar on Transnational Litigation, held on 23-24th March-2019

The said paper will be published in “Journal for ADR” with ISSN: 2454-9932 in the Month of August 2019 along with other papers also that have been submitted after some necessary corrections

The hard copy of the Journal along with the Certificate of appreciation shall be sent via post.

  1. Byron Sequeria(Lloyd Law College, Greater Noida) and Prakrar Upadhyay (Vivekananda Institute of Professional Studies, New Delhi): Specific performance against Sovereign state
  2. Jeya Prasath A (Tamil Nadu National Law University) and R. Harivignesh (Tamil Nadu National Law University): JUDICIAL INTERVENTION – AN ANATHEMA TO ARBITRATION – A MYTH
  3. Rohitesh Tak (The National University of Advanced Legal Studies, Kochi) and Abhijeet Singh Thakur (The National University of Advanced Legal Studies, Kochi): Third Party Funding In Arbitration:Need for Legislative Framework in India
  4. Sayan Chandra (GNLU): The Futuristic Marriage of IA and AI
  5. Nandini Tripathi (SLS, Hyderabad): Mediation as an Effective ADR Mechanism: A Socio-legal Perspective

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