Future of Dispute Resolution in Infrastructure Sector (ICDRIS – 2021)
International Virtual Conference on the Future of Dispute Resolution in Infrastructure Sector
(ICDRIS – 2021)
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Synopsis
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| Adani Institute of Infrastructure under the aegis of PGDM (Law) Program, organized the first-ever International Virtual Conference on ‘The Future of Dispute Resolution in Infrastructure Sector’ (ICDRIS-2021) on 12-13 February 2021. It was attended by numerous eminent practitioners, academicians, industry experts and students from across the world.The aim of this conference was to open platform for dialogue and encourage research in the areas of disputes resolution in infrastructure sector. In present days, infrastructure sector contributes to the highest number of cases for arbitration. Uncertain environment, huge investments and the complex nature of projects add to the cause.
On day one, with active participation and presentations by young researchers, academicians and professionals, surely the set task has been achieved. In his Inaugural Address, Dr. Lalit Bhasin, Chairman CIArb (India), complimented Adani Institute of Infrastructure for the unique initiative of organizing International Conference on the future of dispute resolution in infrastructure sector. Dr. Bhasin also said that “as a matter of fact Adani Institute of Infrastructure is itself a very unique initiative by its promoter”. While highlighting the importance of ADR mechanisms, he said that efforts should be put into resolving issues outside courts. The Guest of Honour, Mr. Tushar Mehta, Solicitor General of India, emphasized that arbitration can play a crucial part in dispute resolution and concern law has progressed a lot over time which fastens the process of reaching amicable solutions. Further, along with senior judges and other law practitioners, domain experts should also be part of the dispute resolution process. |
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Prof. Dr. S. Shantakumar, Director, Gujarat National Law University & Director, Gujarat Maritime Arbitration Centre in his Key-Note Address said that to avoid disputes and overrun costs incurred in litigation, contracts of projects should be designed carefully to close loopholes.
Tan Sri Datuk Suriyadi bin Halim Omar, Director of the AIAC, Malaysia, shared that Malaysian arbitration regime takes help of artificial intelligence in document verification and management of cases.
Mr. Amar Sundaram, India Head, Royal Bank of Scotland (Natwest Group) has highlighted the provisions in the recent Union Budget with respect to Infrastructure Development. He emphasized upon why is ADR important in infra projects. He advocated for a standalone legislation for Mediation in India. Mr. Sameer Shah, Director CIArb, throw some light on important of FDI in infra projects with special emphasis on Bilateral Investment Treaties and investment dispute resolution.
Dr. Mary Mitsi, Lecturer in Commercial Law, Queen Mary University London, spoken about English and Greek perspective of dispute resolution. In her speech special emphasis has been made FDI in infrastructure project and mitigation of investment risk.
The other special invitees of the conference includes Mr. Deepak Narayanan, Partner BDN Chambers, Mr. Sameer Shah Director CIArb (India), Mr. Vikram Nankani Senior Advocate, Bombay High Court, Mr. Alexander Lütgendorf, Senior Counsel and Arbitrator at AMERELLER United Arab Emirates, Mr. Abinash Barik, International Case Council at Asian International Arbitration Centre, Malaysia.
Day 2 of the International Virtual Conference on ‘The Future of Dispute Resolution in Infrastructure Sector (ICDRIS-2021)’ was focused on the practical side of dispute resolution strategy. Eminent practitioners and academicians gave opinions and insights on contemporary issues in arbitration and other ADR Mechanisms.
Mr. Philip L. Bruner, Judicial Arbitration and Mediation Services, USA was the guest of honour – he believed that one must never underestimate the power of negotiations and parties should try that before arbitration. He stressed that for speedy resolution, scope of negotiations should be part of the contract.
India dreams and strives to be a global trade leader but it lacks young arbitrators with working standards of international level, said Sundra Rajoo, President, Asian Institute of Alternative dispute resolution (ADR), Malaysia. In same vein, Mr. Ratan K. Singh, founder Chairman of Society of Construction Law thought that there is a need for lawyers and judges who are experts in various domains of infrastructure. He also brought to notice that due to poor record keeping of both cases and projects, unnecessary delays in judgments take place.
Mr. David Brynmor Thomas QC, specialist in international commercial litigation and arbitration said that sometimes lawyers themselves cause delay in judgments and they must try to push clients towards mediation, which promotes interests of all the parties involved, instead of arbitration, which tries to save rights of one party. But all is not bleak as Mr. Ganesh Chandru, Arbitrator and Partner, Dua Associates shared that time limit to resolve pleas have been reduced to six months and many amendments have been made recently to speed up the process of arbitration. In a pursuit of creating conducive environment for ports to flourish, Gujarat is going to establish India’s first arbitration and mediation centre focusing on disputes related to the shipping sector at Gandhinagar. Mr. Chandru felt that with this centre, it is a perfect opportunity for Gujarat to take lead in arbitration and mediation in infrastructure.
Mr. Richard Wilmot-Smith QC, specialist in construction and engineering litigation and arbitration stressed that with changing times arbitrators and negotiators should be sensitized about gender issues. Further, affiliated organizations should take charge in conducting gender workshops and training programmes. Mr. Inbavijayan Veeraraghavan, Managing Partner, KoVe Global LLP suggested that Dispute Resolution Board (DRB) should be made part of large construction projects to avoid misunderstandings to costly litigations in later stage. DRB is a form of alternative dispute resolution which provides recommendations which are not binding in nature but promote interests of all stakeholders involved in a dispute. The two days International Conference ended with a vote of thanks by Prof. Devang Desai, Dean, Adani Institute of Infrastructure Management.
About PGDM (Law) Program:
With continuing success of PGDM (Infrastructure Management) program, AIIM gladly introduced India’s first-ever AICTE-approved 2-year full-time Post-Graduate Diploma in Management (Law) – PGDM (Law) – Program from academic year 2019 – with an approved intake of 60 seats.
PGDM (Law) is one of its kind interdisciplinary program exclusively focusing on management functions, infrastructure business dynamics and their ‘legal & regulatory’ aspects.
Graduates from any discipline (incl. LLB, B.Com, BBA, B.Tech, etc.) are eligible to apply to this program. Professionals with experience in any field are also encouraged to join this program.
The mentors for this program are eminent academicians and experienced practitioners from legal and business fraternity. The program participants will go through intense training in corporates and law firms and get a hands-on experience to Legal & Regulatory transactions.
The program aims at meeting the needs and aspirations of industry, especially Corporates, Consultancy and Law firms, to have ‘legal & regulatory’ experts on board to address complex business challenges.
About the institute:
Adani Institute of Infrastructure Management (AIIM) was founded in 2009 by the promoters of the Adani Group with a vision to establish an institution of excellence that provides world-class education and training to young professionals to shoulder managerial responsibilities in the infrastructure sector.
AIIM is India’s pioneering institute exclusively focused on research, education and training in the field of infrastructure management. It aims to create a pool of nation-builders and future business leaders. AIIM is an institute of excellence offering specially-designed programs with a curriculum aligned to the needs and aspiration of the infrastructure industry.
AIIM offers 2 flagship programs:
- PGDM (Infrastructure Management)
- PGDM (Law)
A host of customized short-term Management Development Programs (MDPs) and industry-specific Executive Programs in Management are also part of the AIIM offerings.
For more Information, please call or write to:
Dr. Jehirul Islam
Mobile: 9723361869
Email: Jehirul.islam@aii.ac.in
