tag:blogger.com,1999:blog-8429122404476438989.post6434097697331358935..comments2024-03-05T01:13:08.033+05:30Comments on Lex Arbitri - the Indian Arbitration Blog: BREAKING: Award rendered against India in the White Industries ArbitrationDeepak Rajuhttp://www.blogger.com/profile/10227775347125508118noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-8429122404476438989.post-75694473353260071512012-02-16T03:43:26.690+05:302012-02-16T03:43:26.690+05:30Hi Deepak,
I'd like to comment on the transpa...Hi Deepak,<br /><br />I'd like to comment on the transparency aspect of this particular dispute. I assume the Indian government has kept the matter under wraps owing to confidentiality provisions in rules governing arbitration framed by whichever institute they have chosen. I know for a matter of fact that UNCITRAL rules are quite prohibitive in terms of the parties disclosing even whether they are in a dispute. One instance similar to the present matter that comes to my mind is a case a few years back when the an Indian lawyer in the UK initiated arbitration proceedings against the UK government under the UK-India BIT. The matter was not known until it had come before a UK Court for some legal reason. However, surprisingly, the UK government refused to either confirm or deny the existence of an arbitration dispute, citing confidentiality provisions under the UNCITRAL rules. <br /><br />With regard to the references to the US being a bit open about arbitration proceedings, this would stem from provisions in US law(I cant recall which statute) which mandate arbitration proceedings under FTAs to be open; similar provisions under the 2004 Model BIT of the US and the Canadian FIPA. <br /><br />In the Indian context, I guess there would be no need for any such provisions, since India has decided to stop incorporating dispute resolution clauses in its BITs. In any case, assuming that India did revert to its original position, then I assume (and hope) that India would insist on open hearings at arbitrations, going by the Canadian and US models.Jayant Raghu Ramhttps://www.blogger.com/profile/10203155769500762509noreply@blogger.com