Wednesday, May 13, 2015

Symposium on Arbitration Law at NLU, Delhi

Below is an announcement from NLU Delhi about their symposium on Arbitration law.

The National Law University, Delhi is organizing a Symposium on Arbitration Laws on the 16th of May, 2015. The Symposium promises to be an exciting event and will comprise of 2 sessions. 

1st Session: 10.45 – 1.30 pm (Interpretation of Pre-BALCO agreements) 
Lunch: 1.30 – 2.30 pm 
2nd Session: 2.30-4 pm (Reference of non-signatory parties to arbitration) 
High Tea: 4 – 5 pm 

The First Session deals with Interpretation of Pre-BALCO agreements. Considering the string of cases from Bhatia till Reliance Industries, the panellists will provide a ring side view of the development of arbitration jurisprudence. We have 4 speakers as a part of the first panel: Mr. Gourab Banerji, Senior Advocate, Supreme Court of India & Former ASG, Mr. Ajay Thomas, Director & Registrar, LCIA (India), Mr. Daniel Mathew (Assistant Professor, NLU Delhi) and Dr. Ruhi Paul (Associate Professor, NLU Delhi). 

The Second session deals with the issue surrounding reference of Non-Signatory Parties to Arbitration. Chloro Controls applied the ‘group of companies’ doctrine’ to provide jurisdiction of the arbitral tribunal over a non-signatory. The recent 246th Law Commission Report has suggested expanding the definition of ‘party’ to include ‘persons claiming through or under such party’. The session seeks to engage a discussion about the role of prominent theories dictating jurisdiction of arbitral tribunals over a non-signatory (viz. group of companies, estoppels etc.) and their grounding in the Indian Law. The second session will have 2 speakers: Mr. Debesh Panda is a practicing lawyer who focuses on arbitration related matters before the Delhi High Court and the Supreme Court & Mr. Ashutosh Ray who serves as the Law Assistant to a Former CJI. 

Amrutanshu Dash 
+91 78389 90366 
National Law University, Delhi, Sector – 14, Dwarka, New Delhi -110078

Shanghai: A Venue for International Arbitrations.

Below is a report from CIArb about assisting Shanghai in becoming an attractive arbitration destination. It is quite interesting to note that increasing number of nations are taking keen interest in developing their cities into attractive arbitration destination and are therefore seeking help from expert organisations such as CIArb.

The Chartered Institute of Arbitrators (CIArb) held a meeting early this week organised by Ruby Zhang, Economic Officer with the British Consulate-General Shanghai, to assist the Shanghai Municipal Commission in identifying what is required to make the Free Trade Zone a more attractive venue for international arbitrations. 

CIArb Member Simon Maynard (Allen & Overy), Paul Brumpton (White & Case) and Bing Yan (Skadden) provided insight into three key issues: the success of the English arbitration model, competition between key institutions and the perspective of foreign parties on arbitration in China. 

The success of the English arbitration model 

Simon Maynard initiated the discussion by considering the success factors associated with the English arbitration system. The Arbitration Act 1996 and its relationship with the UNCITRAL Model Law, autonomy of the parties, supportive courts, competitive institutions, adherence to the principles of separability and competence-competence, as well as the assurance of confidentiality throughout the arbitral process were all mentioned as key aspects which attracted users both at home and abroad. 

Competition between key institutions 

Paul Brumpton examined the role of competition between both institutions and seats (including the UK, France, Switzerland, the US and Singapore). Using interim measures as an example, healthy rivalry was put forward as a key component in developing the responsiveness of arbitration services to the needs of users. 

Perspective of foreign parties on arbitration in China 

Bing Yan considered the lack of confidence on behalf of non-Chinese parties in light of the limits on party autonomy under the Arbitration Law of the PRC, and possible amendments that could be made to the PRC Arbitration Law in order to meet the accepted international practices. Subsequently, the main conclusions touched on the need for a straightforward, liberal, confidential and transparent arbitration process to attract international arbitrations. Successful arbitration practices in Singapore and Hong Kong were listed as potential prototypes for reform. 

Members of the Delegation included: Ms. Lu Zheng, Deputy Director, Fair Trade Division, Shanghai Municipal Commission of Commerce; Ms. Yan Bei, Deputy Director, Service Trade Division, Shanghai Municipal Commission of Commerce; Mr. Xia Yongzheng, Officer, Shanghai Municipal Commission of Commerce; Ms. Zhou Jiepu, Professor, Law School, Shanghai University of Finance and Economics; Ms. Shang Shu, Executive Director, Free Trade and ADR Development Center, Shanghai University of Finance and Economics and Ms. Ruby Zhang, Economic Officer, British Consulate-General Shanghai. 

The group will be visiting other arbitral institutions in London, including the London Court of International Arbitration (LCIA) during its trip.

Friday, May 8, 2015

Obituary: Rt Hon Lord Mustill

Below is a tribute from CIArb on the sad demise of Rt Hon Lord Mustill. It is indeed a great loss to the international arbitration fraternity. His legacy will continue.

It is with great sadness that the Chartered Institute of Arbitrators (CIArb) has learned of the passing of Lord Mustill. Formerly President of CIArb, Michael Mustill has been Vice President of the Court of Arbitration of the International Chamber of Commerce and Chairman of the Departmental Committee on Law of Arbitration. As both a distinguished author and practitioner, his contributions to the development of arbitration will always be remembered by the dispute resolution community. A tribute will be paid to his memory at CIArb’s London Centenary Conference this summer.

Thursday, May 7, 2015

Announcement: CIArb Appoints Head of Dispute Appointment Service.

Below is an announcement from CIArb on naming of its new Head of Dispute Appointment Service. 

The Chartered Institute of Arbitrators (CIArb) is pleased to announce the appointment of Keisha Williams as Head of the Institute’s Dispute Appointment Service.

Previously, Keisha Williams acted as Deputy Registrar at the London Court of International Arbitration (LCIA), entrusted with administering and/or acting as appointing authority in commercial arbitrations and ADR.  

Commenting on this recent appointment, Anthony Abrahams, CIArb Director General said “We are absolutely delighted Keisha Williams is joining us. I cannot think of a better person to drive the CIArb Dispute Appointment Service forward in 2015 and look forward to her starting with us on the 1st June 2015.”

Waj Khan, who previously led the Dispute Appointment Service departed at the end of April 2015.  He developed the service from 15 to 142 cases during 2014.
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