Lawsikho

Introduction to Arbitration in India

What is an alternate dispute resolution mechanism Overview of the Arbitration & Conciliation Act Understanding what are arbitrable and non arbitrable disputes How to read and interpret an arbitration clause Understanding validity of an arbitration agreement Understanding the scope of arbitration Understanding concepts of venue vs. seat, jurisdiction and governing law Institutional Rules of arbitration and framing rules in ad hoc arbitrations Navigating substantive law of a foreign country Arbitration Council of India and its procedures Appointing presiding arbitrator in case of a tribunal & acting as presiding arbitrator

Stages in an arbitration proceeding

Appointment of arbitrator by court/arbitral institution/parties to the agreement Assuming/ recusing role as an arbitrator Pleadings of parties - Statement of Claim & Statement of Defense Amendment of pleadings and when to allow First procedural hearing and deciding the timeline for hearing Inspection and discovery of documents by the parties Acceptance / denial of the documentary evidences by the parties Opening arguments and preliminary objections Framing of issues Applications & Hearings for interim awards, protections and relief Taking evidence evidence on affidavit; examination-in-chief, and cross of witnesses of the parties Calling of Expert witnesses and examination Court involvement for recording of evidence Closing Arguments of parties Accepting written submission from parties Drawing up Arbitral Award Effective and timely communication of the Award Termination of mandate of an arbitrator Extension of time for passing of arbitral award Correction of arbitral award of an order passed by Court Post arbitration proceedings - enforcement, application to set aside orders and appeal

Appointment as an arbitrator in ad-hoc arbitrations

Notice invoking arbitration u/s 21 of the Act Procedure for appointment of arbitrator by mutual consent of parties Filing of S 11 applications for appointment by Court order Appointment post S8 applications in an already pending dispute Acceptance of appointment by arbitration and commencement of proceedings When should you recuse/decline to be appointed as an arbitrator? What constitutes conflict of interest? How to provide declaration of no conflict to be appointed as an arbitrator Arbitrator’s fees as per the Statute/ as per the court order/ to be determined by the Arbitrator? What to do in case you are appointed by a court? How to communicate with the parties? Equal treatment of the parties, how to avoid any allegations of bias? Initiation of settlement and involvement in settlement proposals Confidentiality of the deliberations

Institutional Arbitrations

Different institutions conducting arbitrations in India Arbitration rules of Indian Chamber of Commerce Council of Arbitration, India International Arbitration Centre (IIAC) etc Panel of arbitral institutions and appointment How to apply institutional rules of arbitration in ad hoc arbitrations

Initiating proceedings as an arbitrator

How to conduct the first procedural hearing and create an effective hearing schedule Model hearing schedule Understanding the timelines for different stages of arbitration process and breach thereof: Consequences Role of limitation in arbitration proceedings

Drafting arbitral minutes and orders on the date of hearing

How to draft daily orders and minutes of the arbitral proceedings Appointment of transcriber/stenographer for the proceedings Samples of standard orders of arbitrators How to decide and write orders dismissing or accepting challenge to jurisdiction

Preliminary objections to arbitrator’s jurisdiction

Understanding challenge to the jurisdiction of the Arbitrator u/s 17 of the Arbitration & Conciliation Act and how to navigate the same Procedure for challenging appointment of an arbitrator and grounds for challenge u/s 12 & 13 of the Arbitration & Conciliation Act Understanding key grounds for challenge of jurisdiction- nature and scope of the proceedings

How to review the pleadings and applications of parties

How to read a Statement of Claim and Statement of Defence When to allow filing of replications and rejoinders When to grant an opportunity to amend the Statement of Claims/ Defence How to frame issues for the arbitration proceeding and stage of framing When can interim relief applications be filed before Arbitrator- how to navigate the same What to do when one of the parties stops complying with the orders/ instructions?

How to take documentary evidence in arbitral proceedings

Documentary evidence in respect of contractual matters and how it is to be adduced Process of documents discovery and inspection by the parties Acceptance and denial of the documentary evidence by the parties Effects of non-stamping Exchange of Evidence on Affidavit by the parties Effect of non filing of evidence by any of the parties Permissibility of oral evidence in contractual matters

Conduct of arbitrator during examination of witnesses

Call for Witnesses Role of arbitrator during examination in chief and cross examination of witnesses What kind of questions are to be asked in examination-in-chief Tendering of evidence What questions should be disallowed by the arbitrator? How to deal with objections to questions asked by counsel of the other side Conducting cross examination of witnesses- leading questions Concept of hot-tubbing Role of party-appointed and tribunal-appointed experts, the qualifications required for experts The principles governing the examination of expert evidence. Taking assistance of jurisdictional courts in taking evidence under Section 27 of the Arbitration and Conciliation Act

Appreciation of evidence

How to appreciate evidence in view of the Indian Evidence Act Power to call for documents and witness Necessity of certificate under Section 65B of the Evidence Act for electronic evidence Exercise: Oversee a mock examination in chief and cross examination of a witness as an arbitrator.

Basic Legal Principles of Contract

Elements of a valid contract What is Contractual breach and remedies of breach Calculation of Damages, Restitution, Compensation Interest calculation Mitigation of loss Quantum meruit and other principles and Key concepts under the Indian Contract Act Arbitrator not bound by the Code of Civil Procedure, 1908 (5 of 1908) or the Indian Evidence Act, 1872 (1 of 1872)

Principles of Natural justice and ethics of arbitration

Impartiality of arbitrator and conduct in proceedings Rule against bias Right of fair hearing to parties Resolving conflict in oral hearings

Key concerns in arbitration proceedings in special scenarios

Fast-track arbitrations Virtual hearings Documents-only arbitration

Rules for arbitral awards and how to draft them

Time limit to make the award How to write an interim award How to write a final award What substantive laws to apply while deciding the award? How to ensure that the award does not violate conditions of public policy and other requirements under the law of the seat Settlement of a dispute - arbitrator’s role How to pass an award on settlement of parties What should be the form and contents of the award? When can an arbitrator pass an interim award? Decision making by a panel of arbitrators Awards on interest and costs What to do when the court sends back an award for correction? How to communicate the award to the parties Exercise: Draft an arbitral award in a given fact situation.

International Arbitrations

UNCITRAL Model Law on International Commercial Arbitration Salient features of the Model law on International Commercial Arbitration Scope of Application of the Model Law Arbitration rules of UNCITRAL ICC rules of Arbitration SIAC rules of Arbitration

How to get empanelment with arbitral institutions

What are the various arbitral institutions that provide institutional arbitration services in India Learn rules of procedure of major arbitral institutions? What is the legal framework governing accreditation of arbitrators in India? How to apply for becoming a panel member of arbitral institutions

Judgment Analysis

How to read and analyse judgments Applicability of judgments of the Supreme Court and the doctrine of precedents How to apply the ratio in a judgment while deciding a matter

Specialized Areas of Arbitration

Arbitration in construction disputes: major areas of conflicts and dispute resolution Arbitration in maritime arbitration Arbitration in investment arbitration: rules of investment and applicability Arbitration in sports arbitration: use cases Arbitration in intellectual property disputes: role play learning