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Indian Council of Arbitration Paves Way for Enhanced Commercial Dispute Resolution

Indian Council of Arbitration (ICA)
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Goa, India

The Indian Council of Arbitration (ICA) organised a conference on “Ease to Justice Through Arbitration & Mediation in Commercial Disputes” in Goa. The event proved to be a pivotal gathering for legal practitioners, arbitrators, mediators, and business professionals alike.

Hon’ble Ms Justice Hima Kohli, Judge at the Supreme Court of India delivered a captivating keynote address, underlining the imperative of facilitating accessible justice in commercial disputes through arbitration and mediation. Against the backdrop of globalization and the intricate nature of international trade, she emphasized the collaborative nature of mediation and the transformative impact of the Mediation Act of 2023. Justice Kohli urged for an embrace of legal framework adaptations to fortify India’s position as a global hub for commercial arbitration and mediation.

Adding to the discourse, Hon’ble Mr Justice Mahesh Sharadchandra SonakJudge at the High Court of Bombay in Goa echoed the sentiment for enhanced dispute resolution mechanisms in India. Referencing the World Bank report on ease of doing business, he underscored the imperative of improving contract enforcement procedures. Justice Sonak advocated for the adoption of effective ADR mechanisms such as conciliation, mediation, and arbitration, while also proposing the exploration of hybrid models like Med-Arb to expedite dispute resolution.

Also, Mr. Arun Chawla, Director General of ICA, in his opening address, highlighted the growing demand for efficient, fair, and expeditious dispute resolution. He emphasized the crucial role of arbitration and mediation in providing timely and accessible solutions, emphasizing the need for well-equipped institutions.

The conference hosted two technical sessions exploring dispute resolution trends and technology in ADR. The first session, Evolving Landscape of Dispute Resolution & Effective Use of Technology in ADR Mechanism examined the evolving landscape and technology’s role in enhancing efficiency and accessibility wherein the speakers discussed how technology revolutionizes arbitration and mediation processes, benefiting modern businesses.

The second session, Holistic Dispute Resolution: MED-ARB or ARB-MED-ARB focused on holistic dispute resolution, particularly the MED-ARB or ARB-MED-ARB method, combining mediation and arbitration for comprehensive solutions. Esteemed speakers, including Hon’ble Ms Justice Hima Kohli from the Supreme Court of India, shared invaluable insights during the conference themed ‘Ease to Justice Through Arbitration & Mediation in Commercial Disputes.’

Throughout the session, experts dissected the advantages, challenges, and best practices associated with holistic dispute resolution. They highlighted the flexibility, control, and cost-effectiveness inherent in these methodologies, offering attendees profound insights into cooperative solutions that preserve vital business relationships.

The event was attended by leading voices in the arbitration sector including, Mr. N G Khaitan – President, ICA & Senior Partner, Khaitan & Co., Mr. J. E. Coelho Pereira – Senior Advocate & President, Bar Association of Bombay High Court at Goa & Ms. Pinky Anand – Senior Advocate, Supreme Court of India & Former Additional Solicitor General of India, among others.

The ICA looks forward to building upon the momentum generated by the conference, as it continues to spearhead efforts aimed at shaping the future of dispute resolution in India and beyond.

The ICA was established in 1965 as a specialized arbitral body at the national level under the initiatives of the Govt. of India and apex business organizations like FICCI etc.

 

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