Indian Dispute Resolution Centre and NITCON present Lexidem Training Course on Excellence in Arbitration Practice in India (Sunday,26th September,2021), Enrol Now for Early Bird Offers!

 

 

About the Organizers:

Indian Dispute Resolution Centre

Indian Dispute Resolution Centre (IDRC) has been established as a Non-Profit Arbitral, Mediation and Conciliation Institution so that it can function as an independent International Organization with its own progressive IDRC Domestic Arbitration Rules, 2019 and IDRC Mediation Rules, 2019 which are complimented by in house developed state of the art Software for eADR which provides an end to end completely digitised paperless functionality.

It is India’s first of its kind Institutional ADR Centre which provides offline as well as eADR facility through its state of the art  eArbitration,   eMediation  and   eConciliation Software Portal.

The IDRC is registered with NITI Aayog for carrying out Legal Education, Literacy, awareness & Legal Aid, Right to Information & Advocacy, Vocational Training and like.

Furthermore, the IDRC is duly approved and empanelled with Ministry of Law and Justice, Government of India as Institutional Dispute Resolution Centre, Online Dispute Resolution and related activities.

NITCON

NITCON Ltd is a Technical Consultancy Organisation (TCO), set up in the year 1984, with an aim to extend Consultancy services for growth and development of Industrial Units. It is an ISO 9001:2015 certified company.

The concept of TCOs is based on a World Bank recommendation to Government of India way back in 1970s as well as the concurrence of Reserve Bank of India to create appropriate structures and systems to extend dependable and affordable professional consulting services to Indian SMEs for giving pace to industrialization and with the objective of facilitating overall industrial development of the country. With this background, Government of India had initiated and proposed setting up of a TCO in each State. It is a Board managed company having nominees of various Banks and All India/ State Financial Institutions on its Board of Directors. NITCON has all along been a self-sustaining, dividend paying organisation.

About the Training Course

The Course will provide an understanding of the general principles of domestic arbitration in Commercial Disputes. The course will provide candidates with an introduction to the legal framework of, and good practice and procedure in, domestic arbitration in India. The Course provides Candidates with a detailed knowledge of the law underpinning arbitration and the procedural elements of a domestic arbitration, to enable them to understand and participate in such proceedings. The Course creates a rich and stimulating environment with group discussions that make it an interactive course.

Master Trainers:

  1. Hon’ble Mr. Justice J.R Midha (Retd.), Judge, High Court of Delhi

Justice J.R. Midha was appointed as an Additional Judge of Delhi High Court on 11th April, 2008 and permanent Judge of that Court on 6th July, 2011.

Before elevation, Justice Midha had been practicing before the Delhi High Court, Supreme Court, and other Courts/Forums including MRTP Commission, National Consumer Disputes Redressal Commission, etc. Justice Midha was the Standing Counsel (Civil) of Govt. of NCT of Delhi before the High Court of Delhi from 2006 to March 2008.

From 1989 to 1992, Justice Midha was also teaching at Campus Law Centre, Faculty of Law, Delhi University. He taught various subjects including Arbitration Act, Code of Civil Procedure, Indian Evidence Act, Transfer of Property Act, Delhi Rent Control Act, Limitation Act etc. Justice Midha also compiled the synopsis and case material on the subjects of “Pleading and Conveyancing” and “Motor Accident Compensation” for the Campus Law Centre.

As a Judge, Justice J.R. Midha has actively initiated judicial reforms to speed up the payment of due compensation to the victims of the road accidents. He has been successful in his efforts to a great extent. The Claims Tribunal Agreed Procedure formulated at his initiative with the consent of all the Insurance Companies and Delhi Police provides that the police shall complete the investigation of a criminal case, collect the entire evidence relating to computation of compensation and file a Detailed Accident Report (DAR) with the Claims Tribunal within 30 days with a copy to the Insurance Company whereupon the Insurance Company shall compute the compensation and offer the same to the claimant within 30 days thereafter.

Justice Midha has written books on Motor Accident Claims Compensation and Amendments to the Code of Civil Procedure.

  1. Senior Advocate Ratan K. Singh, High Court of Delhi

Mr. Ratan K. Singh heads “Chambers of Ratan K. Singh”. His area of practice includes Arbitration (domestic & international), Construction, Infrastructure, Engineering & Technology Law, Real estate, Commercial Law (Domestic and International), Mining law, etc. He did his Masters in Geology and Bachelors in Law from Delhi University in 1996.

Ratan K Singh is Fellow of Chartered Institute of Arbitrators (FCIArb), UK and has done Diploma in International Commercial Arbitration from CIArb (UK).

He is the Founder Chairman of Society of Construction Law, India. He is also Director of India Branch of Chartered Institute of Arbitrators (CIArb) UK and Member of Confederation of Indian Industries (CII) Task Force on Dispute Resolution. Mr. Singh is also accredited tutor of CIArb, UK.

  1. Mr. Shashank Garg, Advocate, High Court of Delhi

Mr. Shashank Garg is a well-known name in the global arbitration space. He was Partner at Advani & Co. for 5 years and has recently started his own chamber practice.

Shashank enjoys a great standing in the industry and one of India’s most prominent professionals pioneering the advancement of arbitration in the region. He was recently honoured as “a rising 40 under 40” by the Legal Era. His book ‘Experts Guide to Arbitration in India’ has in a short time come to be known as an authoritative work in the industry.

Shashank is currently the Convener of International Arbitration Forum (IAF), the Regional Chapter Co-ordinator of ICC Young Arbitration Forum (ICC YAF), a Member of Chartered Institute of Arbitrators (MCIArb). Recently, he was India’s Brand Ambassador at the ICCA Conference in Sydney as has been a Rapporteur appointed by the International Bar Association Sub-Committee.

 

 

  1. Mr. Divyakant Lahoti, Advocate-on-Record, Supreme Court of India

Divyakant Lahoti is a third-generation lawyer, an Advocate on Record, with an LL.M. qualification in International Commercial Law earned at King’s College London.

With an exposure to wide range of legal disputes, Divyakant is one of the leading Advocates on Record in the Supreme Court. Divyakant is also one of the leading Advocate in the field of Alternative Dispute Resolution with special focus on Arbitration.

Divyakant was featured as a SuperLawyer in 2016 and acknowledged as an aced young legal professional in the recent book “On the Rise”.

Divyakant has also been awarded the Business World “Legal 40 under 40” which recognises the top 40 lawyers under the age of 40 in India, 2020. He is also the Finalist of ALB India Law Awards 2021 for the category “Young Lawyer of the Year”.

Participants 

The participants will get in-depth guidance and personalised feedback. Each Participant will get a Certificate signed by the Faculty.

Dates and Timings

Sunday, 26th September, 2021: 10:30 AM to 5:30 PM IST

Platform:

Zoom Software

Registration Procedure

Those who are interested can register here Students : Book Now and Professionals : Book Now

Learning Outcomes of the Course:

  • Define what is meant by the term ‘domestic arbitration’.
  • Identify, explain and apply the legal procedural principles, rules and agreements relevant to the conduct of a domestic arbitration:
  • The legal framework, including limitations of matters that may be legally arbitrated;
  • The contractual nature of the appointment of an arbitrator;
  • The range and limitations of an arbitrator’s powers and jurisdiction;
  • The rights, duties and responsibilities of a party to an arbitration;
  • The methods of initiating and processing an arbitration;
  • The relevance of the court regarding all stages in an arbitration;
  • The requirements of an enforceable award.
  • Evaluate and apply the principles and legal requirements of a domestic arbitration law
  • Evaluate issues and apply the law of domestic arbitration
  • Demonstrate practical skill in carrying out the tasks required in preparing for and progressing a domestic arbitration
  • Demonstrate skill in controlling a domestic arbitration, communicating effectively with the parties, applying the Institutional Arbitration Rules (if any).

 

Registration Procedure

Those who are interested can register here Students : Book Now and Professionals : Book Now

Layout of the Lexidem Training Course

S. No. Timings Topics Speaker
1 10:30 AM- 12:00 PM A. Concept of Dispute Resolution through Arbitration

– Essentials of Commercial Arbitration

– Ad-hoc v. Institutional Arbitration

– Seat of Arbitration

– Rule of severability

– Who can enter into arbitration agreement

– Validity of Arbitration Clause

– Terms of Reference, Notice, Statement of Claim/Reply/Rejoinder

Mr. Divyakant Lahoti, AOR, Lahoti Advocates
2 Tea Break
3 12:15 PM – 1:30 PM B. Appointment of Arbitral Tribunal

– Due Diligence by the Arbitrators

– Conflict of Interest

– Grounds for challenge

– Procedure for Challenging Arbitrators

– Concept of Med-Arb and Arb-Med

Mr. Shashank Garg, Advocate, High Court of Delhi
4 Lunch
5 2:00 PM – 3:45 PM C. Conduct of Arbitral Proceedings

– Statement of claim and defence, Hearing and proceeding sheets

– Virtual Hearings and Online/Offline Examination-in-Chief and Cross Examination by parties

– Role of Experts in Arbitrations and their Appointment by Parties and Arbitral Tribunal.

– Principle of Third Party Funding in Arbitrations and its Disclosure

– Final Arguments/written submissions and passing of award

 

D. Challenging the Arbitral Award

– Principles governing objection Petition under Section 34 of Arbitration and Conciliation Act,1995

– Challenge the Arbitral Award and Setting aside of the Award

Mr. Ratan K Singh, Senior Advocate
6 Tea Break
7 4:00 PM – 5:30 PM E. Challenging the Arbitral Award

– Principles governing objection Petition under Section 34 of Arbitration and Conciliation Act,1995

– Challenge the Arbitral Award and Setting aside of the Award

 

F. Enforcement of Arbitral Award:

– Finality and Enforcement of Arbitral Awards

– Valedictory Address

Hon’ble Mr. Justice J.R Midha, Judge, High Court of Delhi

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