The ILSCA ADR Blog

Dear All,

Our latest blog post titled "Future of Mediation Services in India" is authored by Ashwin Singh, from III BA. LLB, Symbiosis Law School, Pune.

In this article, the Author discusses about the present Mediation scenario in India, and further discusses about how Mediation services can be efficiently implemented in the Indian society, and elaborates on the stakeholders of Mediation in India.

https://ilscaadrblog.wixsite.com/dispute-resolution/post/future-of-mediation-services-in-india

Enjoy the read!

May the divine lights of diwali diyas spread happiness, peace, prosperity and best health in your life. Wishing you and your loved ones a Happy Diwali from the team of ILSCA ADR Blog! ✨💫

Hear ye! Hear ye!
We are delighted to announce that The ILSCA ADR Blog is now inviting applications for Student Editors from current ILS students who are ADR enthusiasts with a knack for legal writing.

ILSCA ADR BLOG is an ADR oriented academic blog established under the auspices of ILS Centre of Arbitration and Mediation (ILSCA), Pune. The Blog aims to disseminate knowledge, encourage discussion and shed light on relevant issues relating to Arbitration, Mediation, Negotiation, Conciliation and all other aspects of ADR.

Launched last year, the blog has grown consistently and has maintained premium quality in publications since then.

Eligibility Criterion -
• Batch of 2022 or 2023 (both BA LLB and LLB students can apply)

Interested students are requested to fill in the Application form latest by 11:59 PM on 7th September 2021. We request you to go over the selection criterion mentioned in the application form ➡️https://forms.gle/k4z8UrHNitJqRiNBA

Visit the blog here: https://ilscaadrblog.wixsite.com/dispute-resolution

It is truly an exceptional opportunity to be on the Editorial Board of a renowned Arbitration and Mediation Institution's Blog.

Don’t miss the deadline!!

Dear All, our latest article titled "Losing Much More Than an Award: Cairn Energy - India Dispute" is authored by Sanaya Khadiwala, from II Year, ILS Law College.

In this article, the Author discusses the much-debated Cairn Energy Case and analyses the impact of this case on India's FDI encouragement strategy. This article further raises an interesting issue i.e. whether these international treaties and international arbitration limit a sovereign's right to domestic laws (taxation laws).

Link to the article: https://lnkd.in/gDX8JRHs

Enjoy the read!

Dear All,

Our latest blog is a two-part article titled "Court's Exercise of Writ Jurisdiction in Arbitration Proceedings: The Ongoing Saga (Part I and II)" authored by Khyati Mehrotra, from V BA-LLB, ILS Law College.

In this two-part article, the Author analyses if writ as a remedy is available to interfere in arbitration proceedings. The author with the help of various judicial pronouncements discusses the current legal regime with respect to writ proceedings against arbitration tribunal and also examines various circumstances where writ proceedings would or would not be maintainable.

Link to the article: https://ilscaadrblog.wixsite.com/dispute-resolution/post/maintainability-of-writ-proceedings-in-arbitration-the-ongoing-saga-part-i

We hope you enjoy reading this!
All comments and feedback are welcome!

Dear All,

Our latest blog post is titled 'Navigating the Terrains of the Group of Companies Doctrine - Binding Non-Signatories to Arbitration', authored by Rohan Tyagi from V BA-LLB, ILS Law College.

Involving non-signatories in the arbitration process is a live issue since the inception of the regime in India.

In this article, the author traces the evolution of the group of companies doctrine in the developing Indian jurisprudence on the subject and comprehensively analyses various judicial pronouncements which have lent clarity to this dilemma to ascertain the existing legal position for binding non-signatories to arbitral proceedings.

Link to the article: https://ilscaadrblog.wixsite.com/dispute-resolution/post/navigating-the-terrains-of-the-group-of-companies-doctrine-binding-non-signatories-to-arbitration



Stay tuned for more exciting reads!

Dear All,

Our recent blog post is titled 'Foreign Seat: A Ticket For Indian Parties To Bypass Indian Law' and is authored by Aditi Mishra and Sagar Agrawal.

The article discusses the choice of foreign seat of arbitration available to Indian parties and delves into several judgements pertaining to the same. It highlights the difference between Seat and Venue in arbitration and the interplay between Indian Contracts Act and the Arbitration law with respect to foreign seated arbitration, amongst other things.

Link to the article: https://ilscaadrblog.wixsite.com/dispute-resolution/post/foreign-seat-a-ticket-for-indian-parties-to-bypass-indian-law

Stay tuned for updates!

Dear All,

Here is our recent blog post on a very unique concept; titled "Emerging use of Hot-Tubbing experts in International Arbitration" By Niyati Bhogayta, a final-year student at IlLS Law College, Pune.

The article deals with the appointment of expert witnesses for the settlement of disputes in arbitration whose job is not only to present the client's case but also to articulate specific information for making an informed decision. The author discusses how hot tubbing is compared to cross-examination, along with its relevance as well as disadvantages. Examples from various jurisdictions as well as from India are added.

Link to the article: https://lnkd.in/gPuv8wQ

Indeed a compelling read!
Stay tuned for more posts!

Good Morning,
Our most recent blog post is a riveting read on “Status of Emergency Arbitration in India: Concept and Emerging Trends” by co-authors Anubhav Sinha and Lohitaksh Shively from ILS Law College, Pune. In this article, the authors explain the concept of Emergency Arbitration and analyze the status, validity and enforceability of emergency arbitration in India. Further, they discuss the conflicting judgements and recent trend in this regard and make a case for amendment in the current arbitration regime.
Check out this exciting read!

Link to the article: https://ilscaadrblog.wixsite.com/dispute-resolution/post/status-of-emergency-arbitration-in-india-concept-and-emerging-trends

Stay tuned for more posts!

Hello Everyone!
The ILSCA ADR Blog wishes you all a very Happy and Prosperous New Year!
We take immense pride in announcing the next member of our Advisory Board, Mr. P. Narayan.

P. Narayan is a renowned advocate and arbitrator practising majorly in Pune. His eminent Pune-based firm, P Narayan Associates, runs a sterling practice in areas which include commercial arbitration and civil litigation. He is a Senior Advocate at the Pune Bar with an unparalleled experience of more than 50 years. He currently serves as the Faculty at the Symbiosis Law College, Modern Law College, National Insurance Academy (NIA), as well as Brihan Maharashtra College of Commerce (BMCC), Pune.
Mr. P. Narayan also holds the prestigious post of being the President of the Governing Council of San- mahu Education and Research Society, Pune as well as acting as the Trustee of the Kannada Sangh, Pune.

We are extremely honoured and humbled to have him on our Advisory Board and hope that his exceptional and distinguished expertise will guide our Blog’s journey.

Greetings from ILSCA!!
It is our great honour and privilege to have Ms. Gandha Sahu as a member of the Advisory Board.
Gandha Sahu is an advocate and mediator practising in Navi Mumbai, Maharashtra. Trained and accredited by the Indian Institute of Arbitration and Mediation (IIAM), Cochin in 2014, Ms. Gandha Sahu is the co-founder of Council of Mediators and Arbitration (CMA), which is a non-profit organisation that provides alternative dispute resolution services in Mumbai and Goa. Ms. Sahu is also a member of the IIAM and a member and trustee of the Goa Community Mediation Centre, Goa.
She has managed high-value institutional arbitrations under the American Arbitration Association (AAA), International Chamber of Commerce (ICC) and London Court of International Arbitration (LCIA) in USA, Europe and UK as well as represented clients in institutional cross border commercial mediations.
Ms. Sahu’s notable previous engagements include being an assistant legal manager at IndoGlobal Services Private Limited and also the senior legal manager at Suzlon Energy Limited.
We thank Ms. Sahu for being a part of our Blog and enriching it with her presence. With her extraordinary expertise in the field, we are certain our Blog will advance towards its aspirations.

Greetings!
We are extremely proud to introduce Ms. Tanu Mehta as a part of our Advisory Board.
Tanu Mehta is an Independent Legal Counsel, Mediator and Conciliator empanelled by the High Court of Bombay. She has also been a mentor and advisor to PreSolv360, India’s first online platform for dispute management. Her notable past engagements include being a legal advisor to Central Board of Film Certification, Sahara Amby Valley and J.M Baxi group of companies.
In 1999, Ms Mehta received the distinguished International Visitor Leadership Program (IVLP) fellowship from the Government of USA. Thereafter, she was empanelled by the High Court of Bombay and the City Civil Court of Bombay in their Mediation Panel. She has also been empanelled as a Mediator by the Indian Merchants Chamber, CADR Mumbai and IICA (Ministry of Corporate Affairs). She has been a co-founder of the Association of Mediation Practitioners (AMP).
She uses mediation as a method of conflict resolution for constitutional law, human rights, land development and regulation matters, matrimonial appeals, and copyright infringement.
We extend our deepest gratitude to Ms. Mehta for being a part of our journey. With her distinguished mastery in the field, we will surely reach greater heights.