CONFERENCE THEME NOTE
International Arbitration is the preferred choice of multinational business entities to resolve their commercial disputes. Arbitration is increasingly becoming popular with parties in India to settle their international as well as domestic commercial disputes. It is believed that claims ranging to several thousand Crores of Rupees are locked up in construction disputes alone in India. Given the mammoth investment that has been proposed for infrastructure projects in India (which would include substantial foreign investment), the next decade will see a tremendous increase in infrastructure related disputes arising from India being resolved through International Arbitration.
With a view to providing a focus on the emerging trends in International Arbitration, the Construction Industry Arbitration Council (CIAC) under the patronage of Construction Industry Development Council, India (CIDC) and with the support of United Nations Commission on International Trade Law (UNCITRAL), Asian-African Legal Consultative Organization (AALCO), and the Singapore international Arbitration Centre (SIAC) will be organizing a conference on “Emerging Trends in International Commercial Arbitration” from 18th to 19th December 2010 at New Delhi. This conference will not only deliberate on the emerging trends in International Arbitration but will also focus on best practices in this area.
The topics to be discussed will include a comparative analysis of institutional arbitration versus ad-hoc arbitration, a discussion on the new UNCITRAL Arbitration Rules 2010 (which replaces the 1976 edition of the Rules), the new SIAC Rules to be adopted in the latter half of 2010, the new IBA Rules on taking of evidence in international arbitration that was adopted in May 2010, documents-only arbitration and the legal issues that arise in the context of Online Dispute Resolution / Cyber Arbitration.
The session on Online Dispute Resolution would be of particular interest as it is a relatively new topic in India. While dispute resolution processes are required or are in place for disputes that arise out of usage of Internet or in Electronic Commerce, Online Dispute Resolution for all kinds of disputes (including infrastructure related disputes) is something that might become very popular in the future. The legal issues that might arise in this context would be discussed during the Conference.
Online Dispute Resolution is likely to present a convenient platform for a large number of SMEs and individuals to pursue their claims online and get a binding decision in a cost efficient and less time consuming manner. It might also assist in the Government’s and the Judiciary’s mandate for speedy resolution of commercial disputes.
The development of Online Dispute Resolution in India would find legislative support in the Information Technology Act, 2000 which provides for recognition of electronic records and digital signatures. The legal issues in this context would also be deliberated at the Conference.
Apart from Online Dispute Resolution, other emerging trends in International Arbitration as enunciated above would also be discussed and debated.
Who should attend the conference?
Arbitrators, judges, lawyers, in-house counsel, legal officers, engineers, project managers, senior government officials, Small medium enterprises, Bankers, Insurance agencies, academicians, policy makers and all those involved in dispute resolution, especially professionals associated with the construction industry as well as the IT Industry.