C E N T R E F O R A L T E R N A T I E D I S P U T ER E S O L U T I O N R G N U L

I e 2 Vol me 1Jan ar 2020

N A I O N A L N E

I N E R N A I O N A L N E

E E N H E L D I N H EO R L D O F A D R

P C O M I N G E E N

R E C E N P B L I C A I O N

Ge o r mon hl do e of e er hing rela ed o ADR ha ihappening na ionall .

Ne er mi an e en rela ed o ADR.

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Informa ion regarding he la e po on he CADR Blog andmore..

Global rend , a ard , and a ple hora of rele aninforma ion.

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N E L E E R

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NEWSLETTER CENTRE FOR ALTERNATIVE DISPUTES RESOLUTION (CADR)

ARBITRATION

INTERNATIONAL NEWS

1. KOMPETENZ – KOMPETENZ: BRAZILIAN COURT DECLARES ‘MANIFESTLY ILLEGAL’

ARBITRATION AGREEMENT TO BE AN

EXCEPTION

In an interlocutory application (IA) to stay

proceedings, a Brazilian Court of Appeals

granted an exception to the competence-

competence principle on the basis of the

arbitration agreement to be prima facie

a fe ega .

Read more.

2. CORRUPTION SCANDAL: PERU PASSES ARBITRATION REFORMS

As transnational consequences of the

Odebrecht corruption scandal continues, Peru

passed several reforms in its laws governing

arbitration with the aim of increasing

transparency for disputes involving small

businesses; practitioners in the region claim the

measures to be ill-conceived.

Read more.

ISSUE 2 | VOLUME 1 | JANUARY 2020

http://arbitrationblog.kluwerarbitration.com/2020/01/29/brazilian-court-of-appeals-finds-manifestly-illegal-arbitration-agreement-as-an-exception-to-kompetenz-kompetenz/https://globalarbitrationreview.com/article/1213758/peru-passes-arbitration-reform-in-wake-of-corruption-scandal

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3. APPEAL COURT: PARIS SEAT DOES NOT CONFLICT WITH CHOICE OF ENGLISH LAW.

A Court of Appeals in London refused to

enforce an ICC award in a dispute based in

Paris involving a Middle Eastern food

company. The case reeks of a return to the

Dallah controversy and an effective departure

from the test in Sulamérica v. Enesa. In Kabab-

Ji SAL (Lebanon) v Kout Food Group

(Kuwait) [2020] EWCA Civ 6, finding that the

a e ch ce f E g h a f he

underlying contract was also an express choice

of the law governing the arbitration agreement.

Read More.

For more on Dallah, Ga B article is of assistance:

4. APPOINTMENT OF SOLE ARBITRATOR: CAN A MODIFIED ASYMMETRICAL ARBITRATION

CLAUSE AVOID COURT APPOINTMENT?

An asymmetrical arbitration clause is one

where only one party can choose the method

of resolving disputes between the parties. A

slightly varied form of such a clause is usually

contained in statutory arbitrations, which

involve lop-sided arbitration clauses where

only one party has the right to appoint the

arbitrator. At first brush, these clauses appear

to be patently unfair, but the same have been

held to be enforceable in various jurisdictions.

Read more.

5. ENGLISH COURT REJECTS CHALLENGE BASED ON GROUNDS OF APPARENT BIAS

A High Court in England dismissed an appeal

against an arbitral award in the case of Rabbi

Moshe Avram Dadoun v.Yitzchok Biton [2019]

EWHC 3441 (Ch). A challenge to the Award

was made on the basis that there were

undisclosed communications between a

member of the Tribunal and an individual on

the case.

Read more.

6. SCOTUS ADDS ANOTHER CLASS ARBITRATION CASE TO ITS DOCKET

The Supreme Court of the United States

granted certiorari in another case involving the

Federal Arbitration Act. The case, Lamps Plus,

Inc. v. Varela, comes from the Ninth Circuit and

raises a variation of the question from Sutter:

how clear does an arbitration agreement need

to be to show the parties authorized class

arbitration?

Read more.

7. CALIFORNIA’S NEW ARBITRATION AND INDEPENDENT CONTRACTOR LAWS STAYED

TEMPORARILY

Two new California laws relating to Arbitration

and independent contractor status that were set

to take effect on January 1, 2010 have been

https://globalarbitrationreview.com/article/1213369/paris-seat-doesn%C3%A2%C2%80%C2%99t-disturb-choice-of-english-law-says-appeal-courthttp://arbitrationblog.kluwerarbitration.com/2011/04/07/dallah-and-the-new-york-convention/http://www.kluwerarbitration.com/document/kli-ka-201512004-n?q=%22asymmetrical%20arbitration%20clause%22https://www.nortonrosefulbright.com/en/knowledge/publications/a9d324be/asymmetric-arbitration-agreementshttp://arbitrationblog.kluwerarbitration.com/2020/01/08/appointment-of-sole-arbitrator-can-a-modified-asymmetrical-arbitration-clause-avoid-court-appointment/https://hsfnotes.com/arbitration/2020/01/27/english-court-rejects-s68-challenge-made-on-the-grounds-of-apparent-bias/http://www.scotusblog.com/case-files/cases/lamps-plus-inc-v-varela/http://www.scotusblog.com/case-files/cases/lamps-plus-inc-v-varela/http://www.scotusblog.com/case-files/cases/oxford-health-plans-llc-v-sutter/https://www.adrtimes.com/library/scotus-adds-another-class-arbitration-case-to-its-docket

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stayed after they were challenged in court as

unconstitutional. The said law would make it

unlawful for employers to impose arbitration

agreements on employees as a condition of

employment, even if employees are permitted

to opt out. It was challenged by various

national and state trade associations on the

bases that the law is unconstitutional and

preempted by the federal Arbitration Act

(FAA), the federal law that governs the use of

arbitration agreements in employment and

generally favors and promotes arbitration.

Read more.

8. CIARB EXPANDS MENA INFLUENCE WITH NEW REGIONAL OFFICE IN DUBAI

CIArb (Chartered Institute of Arbitrators) has

signed an agreement with DMCC (Dubai Multi

Commodities Centre) he d f ag h

Free Zone and Government of Dubai

Authority on commodities trade and enterprise

to collaborate on future initiatives, and to

host its first office in the Middle East and

North Africa (MENA) region. The office will

be located in Almas Tower, the centerpiece of

the thriving JLT (Jumeirah Lakes Towers)

district that sits in the heart of Dubai, UAE.

The opening of the MENA office is part of

CIA b g g e a a a d a a

into the continuous innovation that the region

has to offer.

Read more.

9. CHINA’S MINISTRY OF JUSTICE HAS ALLOWED FOREIGN ARBITRAL

INSTITUTIONS TO SET UP SHOP IN A

SHANGHAI FREE TRADE ZONE.

An administrative ordinance allowing foreign

arbitral institutions to administer international

arbitrations in the Lin-Gang Pilot Free Trade

Zone came into force from the beginning of

2020. The administrative measures, released by

Sha gha c a ce b ea ,

for three years, until December 2022. The

decision allows for selected overseas arbitral

institutions to administer cases with a seat in

mainland China; these include- the Hong Kong

International Arbitration Centre (HKIAC), the

ICC International Court of Arbitration, the

Singapore International Arbitration Centre

(SIAC), and the Korean Commercial

Arbitration Board (KCAB).

Read more.

10. RECORDS BROKEN ON THE ARBITRATION- DEADLINE DAY

Mookie Betts took down Nolan Arenado as

the arbitration king, establishing a new one-

year salary record by agreeing to a $27 million

dea h he Red S . Be dea ec ed he

$26 million Arenado landed a year ago, just

weeks before signing an eight-year, $260

https://www.natlawreview.com/article/california-s-new-arbitration-and-independent-contractor-laws-stayed-conditionallyhttps://www.ciarb.org/news/ciarb-expands-mena-influence-with-new-regional-office-in-dubai/https://www.cdr-news.com/categories/arbitration-and-adr/10645-shanghai-gives-green-light-to-arbitration-institutions-in-free-trade-zonehttps://www.mlb.com/player/605141https://www.mlb.com/player/571448https://www.mlb.com/news/mookie-betts-sets-27-million-arbitration-recordhttps://www.mlb.com/news/mookie-betts-sets-27-million-arbitration-record

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million extension with the Rockies. 10th

January was the deadline for all 155 arbitration-

eligible players who have been tendered

contracts to either agree to terms with their

teams, or file desired salary figures ahead of an

arbitration hearing. At the hearing, an

arbitrator chooses either the figure submitted

by the player or by the team; they cannot

choose any other dollar amount. Players who

have three or more years of Major League

service but less than six years of Major League

service become eligible for salary arbitration if

they do not already have a contract for the next

season.

Read more.

INVESTMENT ARBITRATION

1. SPAIN SUCCEEDS IN GETTING STAY OF ENFORCEMENT OF SOLAR AWARD IN

UNITED STATES

A US Court granted Spain a stay on

e f ce e f a E e g Cha e h 53

million. The Investment Arbitration initiated

by a Luxembourg investment fund is one in a

series of investment arbitration cases that were

initiated against Spain post its policy changes

to subsidies viz. renewable energy. Spain will

continue with set-aside proceedings in Sweden.

Read more.

2. ODED BESSERGLIK V MOZAMBIQUE: THE BIT WAS NOT IN FORCE, WHO’S TO

BLAME?

In the recently rendered Oded Besserglik v

Mozambique award after 5 years of

proceedings and millions in costs and

expenses, a tribunal accepted a Motion to

Dismiss and declined jurisdiction over the

dispute for the relevant treaty never entered

into force.

Read more.

3. CHANGE OF CLEAN ENERGY RULES IN MEXICO

In 2013 Mexico embarked on a major energy

reform by amending its Constitution, thereby

allowing the participation of private investors

in the exploration and extraction of oil & gas

and the generation of electricity, particularly

from clean and low-cost energy sources.

Fernando Pérez-Lozada (Mayer Brown LLP)

discussed the impact it will have on investors

in this article.

Read more.

4. HOBÉR DISQUALIFIED FROM SOLAR CASE OVER DISSENT

Swedish arbitrator KajHobér has been

d a f ed f hea g a 53 E e g

Charter Treaty claim against Spain, following a

https://www.mlb.com/news/2020-mlb-arbitration-deadline-recaphttps://globalarbitrationreview.com/article/1213759/spain-wins-stay-of-enforcement-of-solar-award-in-ushttp://arbitrationblog.kluwerarbitration.com/2020/01/06/oded-besserglik-v-mozambique-the-bit-was-not-in-force-whos-to-blame/http://www.dof.gob.mx/nota_detalle.php?codigo=5327463&fecha=20/12/2013http://arbitrationblog.kluwerarbitration.com/2020/01/13/change-of-clean-energy-rules-in-mexico-potential-impact-for-investors/

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challenge based on his dissent in another case

over the state's renewable energy reform.

Read more.

5. LCIA TRIBUNAL GIVES DJIBOUTI ULTIMATUM OVER PORT SEIZURE

A sole arbitrator at the LCIA has ordered

Djibouti to hand back control of a major port

facility on the Red Sea to Dubai-based operator

DP World within two months or face a

damages award.

Read more.

6. CAMEROON FACES CLAIM FROM FRENCH BUSINESSMAN

A company owned by a French businessman

has launched an ICSID claim worth almost

US$1 billion against Cameroon over the

owner's imprisonment and the alleged

expropriation of an online platform to help

fund community projects.

Read more.

7. RAIL INVESTOR RENEWS THREAT AGAINST LITHUANIA

A rail company based in Estonia has served

Lithuania with a second notice of intent to

pursue a treaty claim and has more than

doubled the damages it was seeking.

Read more.

8. GAS POLLUTION SETTLEMENT: INSURER CHALLENGES AWARD

An insurer based in Germany has challenged a

UNCITRAL Award mandating it to cover

USD 44 Million in settlement to resolve

lawsuits over pollution.

Read more.

9. MEXICO THREATENED WITH INVESTMENT TREATY CLAIM

Mexico has been threatened by Dutch

C a e he fa e f Me c C rts

to enforce an ICC Award.

Read more.

10. TEN NEW PANELS CONSTITUTED AT ICSID

Ten New Panels have been constituted at

ICSID over the last three months, including

seven first time appointments.

Read more.

11. INTRA-EU INVESTMENT REFORM: WHAT OPTIONS FOR THE ENERGY CHARTER

TREATY?

The recently leaked treaty for the termination

of intra-EU BITs can be seen as the

culmination of an ongoing effort by the

European Commission to discourage

investment arbitration between Member

https://globalarbitrationreview.com/article/1213135/hober-disqualified-from-solar-case-over-dissenthttps://globalarbitrationreview.com/article/1213109/lcia-tribunal-gives-djibouti-ultimatum-over-port-seizurehttps://globalarbitrationreview.com/article/1213142/cameroon-faces-claim-from-french-businessmanhttps://globalarbitrationreview.com/article/1213346/rail-investor-renews-threat-against-lithuaniahttps://globalarbitrationreview.com/article/1213565/insurer-challenges-award-over-gas-pollution-settlementshttps://globalarbitrationreview.com/article/1213382/mexico-threatened-over-failure-to-enforce-icc-awardhttps://globalarbitrationreview.com/article/1213281/three-new-counsel-at-three-crowns

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States, reflecting, in the eyes of many, a tension

between public international law and EU law.

In spite of this, and even after the Court of

J ce f he E ea U (CJEU)

Achmea decision, intra-EU proceedings are still

being instituted, most recently in the cases of

VM Solar Jerez v. Spain and Strabagv. Germany.

In this article, Markus Beham (University of

Passau) and Désirée Prantl (Freshfields

Bruckhaus Deringer LLP) discuss the recent

developments.

Read more.

NATIONAL

12. VENUE OF ARBITRATION SHALL BE THE OF ARBITRATION WHERE CONTRARY INTENTION BETWEEN THE PARTIES IS ABSENT

In BGS SGS SOMA JV v. NHPC Ltd., taking

a different view from an earlier judgment, the

Supreme Court has held that venue of

arbitration will be the juridical seat of

arbitration in the absence of contrary intention

of the parties. This ruling helps identify the

place of arbitration where not expressly

provided for by the parties. Ajit Warrier of

Shardul Amarchand Mangaldas provides an

interesting view on the judgment.

Read more.

13. APPLICATIONS FOR EXTENSION OF TIME FOR PASSING THE AWARD IN INDIA: WHICH COURT TO ENTERTAIN?

Section 29A was inserted, by way of

amendments to the Indian Arbitration and

Conciliation Act (the Act), in the year 2015.

With the introduction of this provision, the

time-period for passing the award has been

fixed at twelve months from the date the

arbitral tribunal enters upon reference and is

extendable by another six months with the

consent of the parties. Any further extensions

can only be granted by the concerned court,

either prior to or after the expiry of the time

period, failing which the mandate of the

arbitral tribunal shall terminate.

Read more.

14. GUJARAT PUBLIC WORKS CONTRACT DISPUTES ARBITRATION TRIBUNAL CAN

PASS INTERIM ORDERS U/S 17

ARBITRATION & CONCILIATION ACT: SC

In state of Gujarat through Chief Secretary &

Anr v. Amber Builders, the Supreme Court has

held that Gujarat Public Works Contract

Disputes Arbitration Tribunal has jurisdiction

to make interim orders in terms of Section 17

of the Arbitration and Conciliation Act, 1996.

The Court observed that there is no

inconsistency between the Gujarat Act and the

A&C Act as far as the grant of interim relief is

concerned. This power is already vested in the

http://arbitrationblog.kluwerarbitration.com/2020/01/07/intra-eu-investment-reform-what-options-for-the-energy-charter-treaty/https://www.mondaq.com/india/Litigation-Mediation-Arbitration/885024/SUPREME-COURT-JUDGMENT-IN-BGS-SGS-SOMA-JV-CASE--A-CASE-OF-PUNCHING-ABOVE-ONES-WEIGHThttp://arbitrationblog.kluwerarbitration.com/2020/01/01/applications-for-extension-of-time-for-passing-the-award-in-india-which-court-to-entertain/

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tribunal 18 under the Gujarat Act and Section

17 of the A&C Act compliments these powers

and therefore it cannot be said that the

provisions of Section 17 of the A&C Act are

inconsistent with the Gujarat Act.

Read more.

15. MUMBAI AIRPORT CASE: ARBITRATION TRIBUNAL RESTRAINS ADANI GROUP FROM

BUYING BIDVEST STAKE

I a a e bac he Ada G b d

get a hold on Mumbai airport, an arbitration

tribunal has restrained it from going ahead with

buying out the 13.5 percent stake of South

African partner Bidvest Services in the

c ec d a ge a . The b a

has also asked Bidvest to maintain status quo

on its stake and asked GVK Power &

infrastructure Ltd., which owns 50.5 percent in

the airport, to compensate it for the delay by

way of paying interest on the agreed share

purchase agreement (Rs 1,248 crore) till the

pendency of the case.

Read more.

16. SUPREME COURT OF INDIA ISSUES NOTICE IN A WRIT PETITION CHALLENGING THE

ARBITRATION AND CONCILIATION

(AMENDMENT) ACT, 2019

S Ravi Shankar an International Arbitration

lawyer challenged the above said amendment

Act, in Public interest under Article 32 of the

Constitution of India before the Supreme

Court of India.

The main challenge was regarding the ban on

Foreign arbitrators (including foreign lawyers,

Judges, Foreign qualified accountants etc.,)

sitting as arbitrators in the International

arbitrations seated in India. The other

challenges include the mandatory requirement

of Arbitral institutions registering themselves

before High Courts and Supreme Court of

India. The petitioner also challenged the

requirement of complete legal knowledge, to

be appointed as arbitrator since it would

disqualify thousands domain experts including

Engineers, technical experts, Finance Experts

etc., from sitting as arbitrators.

The above said Writ petition came for hearing

on 27th January 2020 before the Supreme

Court bench comprising of Justices Nariman

and Bhat. The Court then issued notice to the

Union of India.

This challenge is significant considering that

this will yield clarity from the Government on

its stance on the Eighth Schedule and the ACI.

The relevant provisions of the Amendment

Act have not yet been notified.

Read more.

https://www.livelaw.in/top-stories/gujarat-public-works-contract-disputes-arbitration-tribunal-151446https://www.bloombergquint.com/business/battle-for-mial-arbitration-tribunal-restrains-adanis-from-buying-bidvest-stakehttps://www.lexology.com/library/detail.aspx?g=648b5676-5fd5-474a-ba57-2a04811bf50f

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17. UNREASONED ARBITRAL AWARDS ARE OPPOSED TO PUBLIC POLICY U/S 34OF

ARBITRATION & CONCILIATION ACT:

CALCUTTA HC

In State of West Bengal v. Bharat Vanijya

Eastern Private Ltd, the bench of Justice Sanjib

Banerjee and Justice Kausik Chanda held that

an award that is not based on reasons

whatsoever, would amount to being an award

that is opposed to public policy, within the

meaning of the relevant expression in Section

34 of the act.

Read more.

18. INTERNATIONAL TRIBUNAL DISMISSES CLAIMS AGAINST INDIA IN 2G LICENSE CASE:

GOVT

An international Arbitration Tribunal has

dismissed all claims by Tenoch Holdings

Limited (Cyprus) and two others against India

in entirety in relation to cancellation of letters

of internet for providing 2G telecom services.

The arbitration arose out of the issuance of

telecommunications licenses to provide 2G

services in five telecommunications circles in

India by ea , e a a, f I d a essential

security interests.

Read more.

19. NHAI KICKS OFF ARBITRATION CLAIM SETTLEMENT VIA RECONCILIATION

PROCESS

The National Highways Authority of India

(NHAI) has settled an arbitration claim worth

about Rs 650 crore with Infrastructure Leasing

& Financial Services (IL&FS) for nearly Rs 200

crore through a conciliation process. The

NHAI decided to settle the claim for less than

70 per cent of the Rs 800-crore demanded by

the company through an arbitration process,

said an official.

Read more.

MEDIATION

NATIONAL

20. SUPREME COURT FORMS COMMITTEE TO DRAFT MEDIATION LAW, WILL SEND TO

GOVERNMENT

The Supreme Court has, through a unique step,

set up a panel to firm up a draft legislation to

give legal security to disputes settled through

mediation, which would then be sent to the

government as a suggestion from the apex

court. The panel, to be handed by mediator

Niranjan Bhat, will recommend a code of

conduct for mediators, who are legal experts.

Read more.

https://www.livelaw.in/news-updates/unreasoned-arbitral-awards-are-opposed-to-public-policy-us-34-of-arbitration-conciliation-act-calcutta-hc-read-judgment-151836https://economictimes.indiatimes.com/industry/telecom/telecom-news/international-tribunal-dismisses-claims-against-india-in-2g-licence-case-govt/articleshow/73447153.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppsthttps://wap-business--standard-com.cdn.ampproject.org/c/s/wap.business-standard.com/article-amp/economy-policy/nhai-kicks-off-arbitration-claim-settlement-via-reconciliation-process-120011600075_1.htmlhttps://economictimes.indiatimes.com/news/politics-and-nation/supreme-court-forms-committee-to-draft-mediation-law-will-send-to-government/articleshow/73394043.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

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21. GOVT. MULLS MEDIATION TO SOLVE TAX ISSUES WITH COMPANIES

The government may adopt a mediation

mechanism that will help companies determine

their future tax liabilities and even settle

disputes. The government could also look at

expanding the Dispute Resolution Panel

mechanism, which handles transfer pricing

disputes, as an alternative. Currently, the

various Authorities for Advance Ruling take up

issues from a technical standpoint and do not

cover wider issues of law, hence the need for a

broader framework. Besides, AAR decisions

have not helped in containing litigation as most

of these have been getting appealed both tax

department. The Companies Act had in 2016

provided for a formal mediation process to

settle disputes relating to the law but such a

formulation are not present in the Income Tax

Act.

Read more.

22. CJI FAVORS PRE-LITIGATION MEDIATION TO AVOID DELAY IN JUSTICE

CJI S.A. Bobde, observing that the powers

under Section 89 of the Civil Procedure Code

(settlement of disputes outside the court) were

ff c e ed, h gh gh ed ha P e-

litigation mediation is the need of the hour to

avoid delaying justice and for early disposal of

e d g ca e , h ch a e g .

Read more.

INTERNATIONAL NEWS

23. CHINA TO PROMOTE MEDIATION IN PRICE DISPUTE SETTLEMENT

The S e e Pe e C , he Na a

Development and Reform Commission and

the Ministry of Justice, have jointly issued

guidelines which promote the role of

mediation in settling price-related disputes.

Price-related disputes refer to those concerning

the price of goods or services in civil activities

such as settling traffic accident damages,

medical services and insurance claims.

Read more.

24. NEW BILL TO BOOST SINGAPORE'S GLOBAL ROLE AS MEDIATION HUB

The Singapore Convention On Mediation Bill,

tabled for its first reading by the ministry of

La , ee e e he c

obligations under the United Nations

Convention on International settlement

Agreements resulting from Mediation, also

known as the Singapore Convention on

Mediation. The proposed bill seeks to make

mediated settlement agreements enforceable

which until now cannot be enforced by a court

unlike court-ordered Judgments or Awards.

Read more.

https://economictimes.indiatimes.com/news/economy/policy/govt-mulls-mediation-to-solve-tax-issues-with-companies/articleshow/73537586.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppsthttps://www.outlookindia.com/newsscroll/cji-favours-prelitigation-mediation-to-avoid-delay-in-justice/1706201http://www.xinhuanet.com/english/2020-01/06/c_138682825.htmhttps://www.straitstimes.com/singapore/new-bill-to-boost-spores-global-role-as-mediation-hub

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25. US-IRAN CONFLICT: MEDIATION EFFORTS BY INDIA WILL BE WELCOMED, SAYS IRAN

Iranian ambassador Ali Chegeni, while

asserting that Iran wants peace not war, said

that any attempts made by India to de-escalate

tensions in West Asia would be welcomed.

This statement came amid spiralling US-Iran

tensions over the killing of Soleimani. The

envoy further said, "India usually plays very

good role in maintaining peace in the world. At

the same time India belongs to this region. We

welcome all initiatives from all countries,

especially India as a good friend for us, to not

a e ca a f e .

Read more.

26. RWANDA SIGNS SINGAPORE CONVENTION ON MEDIATION

Rwanda has signed the UN Convention on

International Settlement Agreements Resulting

from Mediation. The Convention was signed

b R a da Pe a e Re e e a e he

UN, Valentine Rugwabiza. The Singapore

Convention will facilitate international trade

and commerce by enabling disputing parties to

easily enforce and invoke settlement

agreements across borders.

Read more.

27. CANADA TO RELEASE GUIDELINES FOR COMBINING MEDIATION AND

ARBITRATION

Ca ada f hc g ed-a b e a e

among the first of their kind. The guidelines,

which were approved in December and are in

the final polishing stages by the ADR Institute

of Canada, provide a model for a mash-up

alternative dispute resolution process, where

the parties first try to work it out using

mediation, and then move directly to an

arbitration process if they are unable to come

to a resolution within an acceptable timeline.

Read more.

28. BIG PROJECTS, BIG DISPUTES – BRING IN THE MEDIATORS

71 countries across 4 continents. 65% of the

d a . 1/3 f G ba GDP. 4 8

trillion USD overall investments. These are just

a handful of the eye-watering numbers

associated with one of the largest infrastructure

and investment projects in history Ch a

One Belt One Road (OBOR) Initiative.

Mediation is being enshrined as a dispute

resolution mechanism by the AIIB as part of

its complaints system for those adversely

affected by OBOR activities.

Read more.

httpss://economictimes.indiatimes.com/news/defence/iran-will-welcome-any-indian-peace-initiative-for-de-escalating-its-tensions-with-us-iranian-envoy/articleshow/73152216.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppsthttps://taarifa.rw/rwanda-signs-singapore-convention-on-mediation/https://www.lawtimesnews.com/practice-areas/adr/canada-is-among-the-first-to-countries-to-release-guidelines-for-combining-mediation-and-arbitration/325315https://www.adrtimes.com/library/big-projects-big-disputes-bring-in-the-mediators

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EVENTS

1. CADR-CAM, GIL – SAM SEMINAR, 2020 ON 4 APRIL, 2020

We are glad to announce that CADR,

RGNUL, Patiala in collaboration with CAM,

Geeta Institute of Law (GIL) and in

association with Shardul Amarchand

Mangaldas & Co., New Delhi is organizing a

National Seminar on DEVELOPMENT OF

ARBITRATION & MEDIATION

REGIME IN INDIA: DISCUSSING THE

CHALLENGES, SOLUTION &

FUTURE PROSPECTS. For more details,

follow us on Facebook, Instagram and other

social media platforms. Links appended at the

end of this newsletter!

2. CADR, RGNUL TO ORGANIZE THE 2NDRGNUL – PACT SPORTS AND ENTERTAINMENT LAW MEDIATION COMPETITION, 2020 ON 6 – 8 MARCH, 2020

We at CADR are ecstatic to announce the

second edition of the competition which

received great reviews in its inaugural edition.

We partner again with the good folks at

Peacekeeping and Conflict Resolution

Team (PACT) to provide a platform to

explore the various opportunities available in

the ADR field in India and create a networking

platform for young professionals. For more

details, follow us on LinkedIn and other social

media platforms. Links appended at the end of

this newsletter!

3. CONFERENCE ON ARBITRATION REGIME IN INDIA BY NANI PALKHIVALA

ARBITRATION CENTRE, 2020

In its endeavour to provide opportunities for

interaction amongst professionals and

academicians in the field of Arbitration, NPAC

is conducting an Interantional Conference

A b a Reg e I d a-Evolving

e a d Da g Cha e ge

Feb 16, 2019 at Shangrri-La EROS Hotel,

New Delhi.

Read more.

4. GNLU-CMC-BRIDGE MEDIATION INTRODUCTORY COURSE IN MEDIATION

AND NEGOTIATION, 2020

GNLU ADR Cell is organizing the certificate

course in collaboration with Bridge Mediation,

New Delhi and the Centre for Mediation and

Conciliation (CMC), Bombay Chamber of

Commerce and Industry, Mumbai. The two

day course on Mediation will provide students

with an opportunity to delve and explore the

domain of mediation and how to use it

efficiently.

Read more.

https://www.lawctopus.com/conference-arbitration-regime-in-india-delhi/https://www.lawctopus.com/gnlu-cmc-bridge-mediation-introductory-course-in-mediation-and-negotiation/

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5. NLU JODHPUR’S DEAL MEDIATION COMPETITION 2.0, 2020 ON 19-22 MARCH,

2020

Alternative Dispute Resolution Committee,

NLU Jodhpur is conducting NLUJ Deal

Mediation Competition, 2020. Provisional

registrations are open till 4th of February, 2020.

Read more.

6. CIVIL-COMMERCIAL MEDIATION TRAINING COURSE – ADR ODR

INTERNATIONAL

5-day programme provides you with 40-hours

of first class training as a Civil-Commercial

Mediator. The programme is taught by global

experts whom have decades of experience.

Successful completion of the programme

results in you gain g he a ADR-ODR

International accredited Civil-Commercial

Med a .

Read more.

CONTACT DETAILS: EMAIL US AND SUBSCRIBE TO THE NEWSLETTER: adrc@rgnul.ac.in

SUBMIT ARTICLES: submissions.cadr@rgnul.ac.in FOLLOW US:

INSTAGRAM

FACEBOOK

TWITTER

LINKEDIN

BLOG

https://m.facebook.com/pages/category/Lawyer---Law-Firm/adrNLUJ/posts/https://www.adrodrinternational.com/civil-commercial-mediation-trainingmailto:adrc@rgnul.ac.inmailto:submissions.cadr@rgnul.ac.inhttps://www.instagram.com/cadr.rgnul/https://www.facebook.com/rgnuladrc/https://twitter.com/CADR_RGNULhttps://www.linkedin.com/company/cadr-rgnul/https://rgnulcadr.wordpress.com/

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CADR NEWSLETTER TEAM –

MEGHNA MITTAL– PERMANENT MANAGING

EDITOR (PME) MOHIT DANG– CONTENT

EDITOR

ADITYA MATHUR– CONTENT EDITOR

NIKITA AGGARWAL– CONTENT EDITOR

ARJUN GOYAL– DESIGN EDITOR

ANOORAG NAYAK– DESIGN EDITOR

CADR TEAM –

UDAY AGNIHOTRI CO-CONVENOR

RAGHAV MUDGAL– CO-CONVENOR

ARJUN GAUR– HEAD (EVENTS/COMPETITION)

SHREETAMA GHOSH– HEAD (EVENTS/COMPETITION)

SONALIKA AHUJA– HEAD (OUTREACH)

MOHIT DANG– HEAD (RESEARCH)

PARAS JAIN RITESH KUMAR SINGH

MEGHNA MITTAL SAMIKSHA SHARMA

AARVI SINGH SAHASTRANSHU

RISHAV DEVRANI JANNAT DEEP

NIKITA AGGARWAL ADITYA MATHUR

NAKASHVIR SINGH AULAKH ARJUN GOYAL ROHIT GURU

SURABHI CHAUDHARY ANOORAG NAYAK

SEERAT GILL

NAMAN ANAND ANANYA SINGH

JOTSAROOP SINGH SARU SHARMA

AASTHA CHAWLA KOHSHEEN SARAF