India ADR Week 2024

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India ADR Week 2024 - Survey

The India ADR week, scheduled from 23rd to 28th September 2024, will consist of 40 sessions spread across Bengaluru, Mumbai, and Delhi. More than 35 international and domestic firms and organisations are participating in it. As Knowledge Partners of IAW, Nishith Desai Associates & CLA Global Indus Value Consulting, have prepared a survey regarding the topics being discussed during the Week.

We look forward to receiving your responses on these important issues in the field of arbitration and dispute resolution.

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Technology: the future of disputes or the disputes of the future?

In your opinion, which dispute resolution mechanism is best equipped to handle and adjudicate disputes related to technology issues?

Mediation

Arbitration

Litigation

An independent body to resolve technology disputes, such as a technology ombudsman should be appointed

Other

Strengthening Bengaluru as the destination for dispute resolution

What is the most important consideration for you while deciding a seat of arbitration in India?

The High Court should have original jurisdiction.

Availability of well-known lawyers and law firms.

Presence of important arbitral institutions.

None of the above – only the convenience of the parties matters.

Other

AI and ODR: Is the future here?

What do you see as the most significant impact/risk of using AI in dispute resolution?

Increased speed and efficiency

Greater accessibility and affordability

Risk of bias and inaccuracy

Concerns of data privacy

Resistance to adoption of AI

Other

Clear selection

Arbitration of Shareholder Disputes

Is it time to amend the Companies Act, 2013 to make it clear that all types of shareholders’ disputes
can be arbitrated?

Yes, arbitration is a more effective mechanism to resolve all types of shareholders’ disputes.

Yes, parties should not be allowed to renege on arbitration agreements by approaching the NCLT

No, a statutory tribunal is better suited to deal with shareholders’ disputes as the Company’s interests are paramount

No, shareholders’ disputes often call for actions to be taken that are beyond contractual remedies available and, therefore, NCLT is more suitable.

Other

Clear selection

The Big Business of Sport - Why Arbitrate?

In your opinion, what is the most important factor in the adjudication of a sports’ dispute?

Speedy resolution

Confidentiality

Expert adjudicators

Transparency

Consistency

Other

What experts think of lawyers (and vice-versa)

In your opinion, what could be improved in the lawyer-expert relationship to enhance collaboration
and effectiveness in legal proceedings?

Clearer communication and alignment of expectations

Earlier and more proactive involvement in case strategy

Establishing mutual trust and respect

Better understanding and appreciation of each other’s expertise

Other

Debate on Whether Courts need to be empowered to modify Arbitral Awards under the Arbitration Act

In your view, would allowing courts to modify arbitral awards improve the fairness of the arbitration process?

Yes, it would provide an additional layer of oversight.

Yes, it would help in recognition of more awards.

No, it would undermine the finality of arbitration.

No, it would undermine party autonomy.

Other

Clear selection

Guerrilla Tactics in Indian Arbitration

Which types of guerrilla tactics do you believe are most common in arbitration?

Frivolous motions or objections

Initiation of parallel proceedings

Delay tactics, such as excessive document requests

Intimidation or harassment of witnesses

Withholding key evidence or non-compliance with discovery orders

Other

Focus on the Client: Role of In-House Counsel- To Arbitrate or to Mediate? Deciding on the Most Appropriate Strategy

What are the biggest challenges in convincing clients to choose mediation over arbitration?

Perception of mediation as less effective

Concerns about enforceability of a settlement

Desire for a binding resolution

Lack of familiarity with the mediation process

Other

Focus on The Client: In-house Counsel’s Role and Expectations from the Arbitral Process

What are your top priorities when managing a dispute through arbitration?

Minimizing costs

Minimizing time

Preserving business relationships

Safeguarding confidentiality

Ensuring enforceability of the decision

Other

Clear selection

Anti Suit and Anti Arbitral Injunctions - The Achilles Heel of International Arbitration?

What is the most significant impact of anti-suit or anti-arbitral injunctions on international arbitration?

Increased costs and delays

Undermining the finality of arbitral awards

Protecting parties from unfair arbitration

Clarifying jurisdictional issues

Other

Clear selection

Experts as arbitrators or arbitrator appointed experts?

In your opinion, what would be the most significant impact of appointing experts as arbitrators?

It improves technical accuracy by bringing specialized knowledge to complex cases.

It reduces costs by minimizing the need for external expert testimony.

It may not always fully address legal principles and procedural considerations.

It may create concerns about bias, conflicts of interest, and impartiality.

Other

Clear selection

Time is the essence of arbitration - Remedies India
needs to undertake

What changes may enhance the speed and efficiency of arbitration proceedings in India?

Implement stricter timelines for the completion of arbitration proceedings

Increase the use of technology, such as virtual hearings and digital document management.

Encourage greater adherence to procedural discipline by arbitrators and parties.

Reform legal frameworks to minimize court intervention and expedite enforcement of awards.

Other

Clear selection

Arbitration spells innovation with an E: emergency, expedited, early dismissal, and enforcement procedures - tales and war stories

Should foreign emergency arbitral awards be recognized and enforced in India?

Yes, they should be enforced in the same manner as final foreign arbitral awards.

Yes, but there should be distinct grounds for resisting enforcement compared to final foreign awards.

No, the existing mechanism for indirect enforcement of such awards is sufficient.

No, foreign emergency awards should not be recognized in India at all.

Other

Clear selection

Witness evidence and preparation in International
Arbitration: Cross-cultural perspectives

What are the greatest challenges you have faced in dealing with cross-cultural witness evidence in international arbitration?

Misinterpretation of witness demeanor and behavior

Difficulty in ensuring effective communication and understanding (including language barriers)

Navigating different cultural attitudes toward authority and conflict

Addressing subconscious bias in witness credibility assessments

No significant challenges encountered

Other

Clear selection

The evolution of foreign investment protection and ISDS: state-of-the-art in 2024

What is the most critical reform needed to enhance the legitimacy and fairness of ISDS?

Increase transparency in ISDS proceedings, including publishing awards, arbitrator appointments, and settlement details.

Enhance diversity in arbitrator appointments.

Redefine traditional ISDS mechanisms by introducing and promoting alternative dispute resolution methods, such as mediation.

Implement strong ethical frameworks like the Code of Conduct for Arbitrators in International

Investment Disputes to uphold higher standards of conduct and impartiality for arbitrators.

Other

Clear selection

Competence-competence or Incompetence-incompetence? Court intervention in tribunal jurisdiction

Should parties have an immediate right to appeal arbitrators’ decisions on their jurisdiction, or should
such appeals be deferred until the set-aside stage after the final award?

Immediate right to appeal to prevent unnecessary arbitration if jurisdiction is lacking.

Defer until the set-aside stage to maintain arbitration efficiency.

Allow immediate appeal only for clear legal errors or significant concerns.

Other

Clear selection

If you have selected 'Other' for any of the above questions, please mention the question and specify your answer

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