Disputes Get Resolved Here
The third online event in this series is with CORD (Centre for Online Resolution of Disputes) gave a demonstration of their Online Dispute Resolution (ODR) platform.
Mr. Vikas Mahendra is a Partner at Keystone Partners and a consultant with Centre for Online Resolution of Disputes (CORD) which aims to provide access to affordable resolution mechanisms using technological aids.
CORD is an Online Dispute Resolution Service Provider that aims to facilitate fair, fast and accessible dispute resolution through:
IMC’s Mediation and Conciliation Committee in collaboration with IMC International ADR Centre (IIAC) has announced and started off a new series of online events to showcase several online platforms which people / organizations may want to consider using for seeking an early resolution of their disputes without the need to leave their office (or home), keeping this in mind. In response to the need of the hour, where our physical movements are restricted, it is imperative to find new ways to support the commercial endeavors of the IMC’s members as also the society at large.
SAMA, is an ODR platform which aims to resolve disputes using sophisticated technology and a network of skilled professionals recognized by the Ministry of Law and Justice, Government of India. While apprising the participants about the said ODR platform; Mr. Pranjal Sinha, Co-founder - SAMA gave a brief demonstration of their platform breaking it into different components and stages, viz: filing of complaint, communication modules, document uploading, settlement builder and e-signing. Participants raised several queries after demonstration which were addressed by Mr. Pranjal Sinha and Mr. Prathamesh D. Popat, Chairman - IMC Mediation and Conciliation Committee. Mr. Sinha also shared anecdotes on how different cases - loan defaults, consumer matters, payments issues are being resolved on the platform through online mediation / arbitration process. While concluding the demonstration he informed that SAMA has started to tackle with the pendency of cases and improve access to justice in India based on their motto “Suljhao, Magar Pyaar Se”.
Event concluded with vote of thanks to Mr. Sinha, Mr. Popat, IIAC and to IMC for organizing such informative event in the present scenario of pandemic.
IMC’s Mediation & Conciliation Committee, IMC International ADR Centre (IIAC) and Presolv360” jointly hosted a webinar session on ‘Mediating (and Arbitrating) Online with Presolv360’, The purpose was highlight the need and effectiveness of Online Dispute Resolution (ODR) in times to come and to see a demonstration of how disputes can truly be resolved online. Presolv360 showcased their mediation and arbitration modules, touched upon the impact of their platform and highlighted collaboration opportunities with members.
The webinar received an overwhelming response. It began with an insight into the current scenario, changing times amidst the Covid-19 pandemic and how marrying law to technology is unquestionably the way forward and concluded with a very interesting interactive Q&A session.
The Hon'ble Justice was overwhelmed by the warm welcome by Mr. Suresh Kotak, Director, IIAC, Mr. Ajit Mangrulkar, Director General, IMC and Mr. Sanjay Mehta, Deputy Director General, IMC at his arrival in IMC.
On His Lordship's Visit, he took a glace at ADR Venues before he proceeded to deliver an interactive session on Emerging Issues and Latest Trends on Trademark Law under the Prof. Tehemtan N. Daruwala - 6th Memorial Lecture Series with association with Intellectual Property Law Practitioners Association (IPLPA) and The International Association for the Protection of Intellectual Property (AIPPI) Indian National Group.
The session followed by a Dinner Invitation at the Hotel Marine Plaza with His Lordship The Hon'ble Chief Justice Pradeep Nandrajog, Bombay High Court, other legal luminaries and experts and IIAC Secretariat.
Adv. Nancy Y Siodia representing IIAC.
The first book release function where at the Book ‘The Commercial Mediation Monograph’ was released. Hon’ble Lordship Mr. Justice A. S. Oka, Hon’ble High Court, Bombay was the Chief Guest and Mrs. Justice Sujata Manohar, former Judge Supreme Court of India was the Guest of Honour. The book has been penned by Mr. Sriram Panchu, Senior Advocate and Mediator. The book has forward by Justice B. N. Srikrishna, Former Judge Supreme Court of India and Mr. Deepak Parekh, Chairman HDFC Bank Ltd. Mr. Sriram Panchu shared how the idea of this monograph originated from his interaction with Mr. Deepak Parekh who had suggested a compact easy to read book on a flight! It’s a small handbook not for the legal practitioners but for general counsel and end users.
Guest of Honour, Mrs. Justice Sujata Manohar (Retd.) observed that the book aptly covers wide ranging topics in a simple and lucid manner. Chief Guest pointed out the reach of the mediation as a resolution process specially in district and mofussil courts and areas.
IIAC founder-mentor-director Mr. Suresh Kotak who spoke very briefly conferred the title of Aachrya of mediation on Mr. Sriram Panchu and ended with the greeting ‘Jai Sri-Ram’. The event also saw remarks from IIAC Chairman, Mr. Shailesh Vaidya and Ms. Renu Parekh, whilst Mr. Shaunak Thakkar proposed vote of thanks. Mr. Prathamesh Popat assisted and joined in the festivities of release. Mr. Sriam Panchu is both a member of IIAC’s Apex Advisory committee and also on its panel of mediators. As we go into print – the monograph has already released its 2nd edition.
His Lordship The Hon'ble Justice R. D. Dhanuka
Mr. Janak Dwarkadas, Senior Counsel
Mr. Ketan Parikh, Senior Counsel
The Workshop focused on:
(i) Arbitration Amendment Act, 2015 - Re-experience thus far
(ii) Arbitration Amendment Bill, 2018 - A Critical Analysis
(iii) Panel Discussion - Moderated by Mr. Shaunak Thacker, Advocate
Organised by: IMC International ADR Centre (IIAC) and Bombay Bar Association (BBA)
Venue: Bombay Bar Association, Room No. 57, 3rd Floor, High Court Building, Dr. M. Kane Marg, Mumbai 400 032.
Chief Guest His Lordship Hon’ble Mr. Justice K. R. Sriram, Dignitaries and IIAC Team
The event was organized jointly with NITI Aayog, Government of India and National University of Juridical Sciences, (NUJS), Kolkata; the event being part of the series hosted in four cities namely Kolkata, Chennai, New Delhi and Mumbai. The event also hosted ‘Start Smart Awards 2018 and three start-ups from each of the four zones were felicitated in recognition of good business practices. IIAC had the privilege of having His Lordship Hon’ble Mr. Justice K. R. Sriram as the Chief Guest, addressed a packed gathering on Friday morning stressing the need for the young upcoming advocates and leaders to indulge in reading philosophy.
Awards and Jury Felicitation was handed over and hosted by Guest of Honor, Dr. Apoorv Ranjan Sharma, President, Venture Catalysts.
The event hosted two panel discussions, the first on “How to make doing business easier?”. Moderated by Mr. Vikram Parekh, HOD, SIES College of Management Studies. Panelists for these session were Ms. Namita Shah (Co-founder of Presolv 360), Mr. Vinod Keni(Partner, Artha Venture Fund), and Mr. Shashi Tanna (Managing Director, Links Cargo). The second panel was on “How to make solving disputes easier?”. The session was Moderated by Mr. P. Popat, Member IIAC Promotion Committee and the speakers were Ms. Akshetha Ashok (Partner, ODR Ways), Ms. Tanu Mehta(Mediator), Mr. Bhaven Shah (Co-founder of Presolv 360) and Mr. Parimal Shah (Mediator).
Dignitaries with Hon'ble Lordship Mr. Justice Arjan Kumar Sikri and IIAC Team
IIAC conducted a seminar under the theme “Institutional ADR, The Way Forward - Economic And Efficient”. Hon’ble Lordship Mr. Justice Arjan Kumar Sikri was the Chief Guest and IIAC had the privilege of his visit again. In an overwhelming response, registrations had to be closed prior to the seminar.
IIAC Chairman, Mr. Shailesh Vaidya welcomed the Chief Guest, Hon’ble Lordship Mr. Justice Arjan Kumar Sikri and unveiled the theme of the day. Hon’ble Lordship Justice Sikri spoke in depth and meticulously approached the theme of the event, the program and the various topics designated to each of the speakers. He elucidated different approaches in conducting arbitrations and appointing arbitrators, his observations on the American System during an earlier visit to California, areas where ‘med-arb’ or ‘arb-med-arb’ can be invoked, need for creation of public confidence though the institutional mode etc. The Hon’ble Lordship summed up stating that Institutional ADR (as adopted in most other countries) will be the way forward.
Counsel Mr. Anant Shende spoke at length on the various ways of conducting the arbitral process in an efficacious manner and also shared his views on the manner in which tribunals should be appointed.
Mediator, Mr. Prathamesh D. Popat, sharing his valuable insights and practical experiences demystified the concepts of ‘med-arb’ or ‘arb-med-arb’, significance of appointing an independent and not a biased Neutral and confirming that much more work needs to be done in this arena.
The panel discussion moderated by Mr. Shaunak Thacker on “Cost Effective ADR” revolved around the manner in which time and costs can be saved in an arbitration proceeding, need to identify the concerns early on, incorporating the ‘right’ clause in agreements etc. with each Panelist bringing their varied experiences to the table for discussions. Panelists Mr. Amitava Majumdar, Ms. Kamna Sarkar, Ms. Sonali Mathur and Ms. Rhia Marshall Banerjee joined by Mr. Anant Shende further elaborated their views during the interactive session.
The seminar concluded with a vote of thanks by IIAC Secretariat and a networking lunch.
IMC International ADR Centre (IIAC) organised a Seminar on ‘Invoking Arbitration – Essential Facets & Important Aspects of Arbitration Agreement’ with a view to equip participants with effective usage of arbitration processes.
Seminar commenced with welcome remarks by IIAC Chairman, Mr. Shailesh Vaidya and the role of IIAC in the field of ADR and unfolded the theme of the seminar. Mr. Jatin Pore, Partner, DSK Legal gave an insightful presentation on “Important Aspects of Arbitration Agreement” setting out in detail requisites which need to be considered while drafting an arbitration clause. This was followed by another comprehensive presentation by Mr. Raj Panchmatia, Partner, Khaitan & Co. on “Invoking Arbitration, Essential Facets”. Under the topic, Mr. Raj Panchmatia covered in detail issues such as seat of arbitration, language etc, and highlighted how IIAC’s CAP 16 Rules covers these advantageously.
An interactive session moderated by Ms. Renu Parekh followed by Q&A round put forth to each of the speakers. Mr. Shaunak Thakkar, Chairman, Law & Justice Committee of IMC Chamber & Industry gave concluding remarks and proposed vote of thanks.
Hon'ble Justice Mr. Anoop Mohta, addressing the gathering
The Arbitration Committee of IMC Chamber of Commerce and Industry organised a Seminar on Challenges to, Enforcement And Execution of Arbitral Awards was supported by IIAC.
Mr. Janak Dwarkadas, Senior Counsel, addressing the gathering
The eminent speakers included Hon’ble Mr. Justice Anoop V. Mohta (Retd.), Mr. Janak Dwarakadas, Senior Counsel and Mr. Gaurang Mehta, Advocate.
Chief Guest His Lordship The Hon’ble Mr. Justice R. D. Dhanuka, Sitting Judge, High Court, Bombay; Mr. Lalit Kanodia, President, IMC Chamber of Commerce and Industry; Mr. Shailesh Vaidya, Chairman, IIAC; Mr. Suresh Kotak, Director, IIAC and other dignitaries.
IMC International ADR Centre (IIAC) organised a Seminar on ‘Institutional Arbitration – The Way Forward’ with a view to spread the culture of Alternate Dispute Resolution (ADR) mechanism and equip audience blend from professionals and industry members, on advantages of its use. Unlike advanced jurisdictions where Institutional Arbitration has become the norm in commercial disputes, India continues with an ad-hoc arbitration system; controlling costs and limiting intervention of courts are two major concerns in the ad-hoc system. Accordingly, the theme of the seminar focused on ‘Institutional Arbitration – The Way Forward’ and two important advantages emerging thereof.
Welcome Remarks by Mr. Shailesh Vaidya, Chairman, IIAC
Seminar commenced with welcome remarks by IIAC Chairman Mr. Shailesh Vaidya familiarizing the audience and dignitaries of the rich past of the Chamber and its pioneering work in the field of ADR and unfolded the theme of the seminar. In a crisp presentation, IIAC Secretariat Ms. Renu Parekh gave insights on the IIAC Establishment and Rules.
Chief Guest His Lordship The Hon’ble Mr. Justice R. D. Dhanuka, Sitting Judge, High Court, Bombay
The Chief Guest His Lordship The Hon’ble Mr. Justice R. D. Dhanuka, Sitting Judge, High Court, Bombay addressed on the theme of the seminar citing various associations who have developed and are using institutional mechanisms.
Counsel Mr. Gautam T. Mehta addressing the audience
An interactive session followed and questions were put forth to each of the speakers. Mr. Gautam T. Mehta, Chairman, Arbitration Committee of IMC Chamber & Industry gave impromptu remarks on arbitration and mediation.
Eminent Speakers Mr. Shaunak Thacker, Mr. Anand Desai, Managing Partner, DSK Legal and Sr. Counsel Mr. Ketan Parikh, addressing the Topic: 'Court's Role in ADR process'
Other eminent speakers Mr. Ketan Parikh, Sr. Counsel and Mr. Anand Desai, Managing Partner, DSK Legal addressed on topics ‘Court's Role in ADR Process (Intervention and Support)’ and ‘Controlling Costs in Indian Arbitrations’ respectively. Mr. Ketan Parikh, Sr. Counsel pointed out various stages and sections under the Arbitration and Conciliation Act, 1996 where under intervention of courts was possible and in the process he also collated and compared IIAC Rules and how advantageous they are in minimizing this intervention. Mr. Anand Desai suggested ways of controlling costs, ‘budgeting’ and acknowledged ‘IIAC pool of talent specially Mr. Suresh Kotak’.
Mr. Shaunak Thakkar, Chairman, Law & Justice Committee of IMC Chamber & Industry gave concluding remarks of the entire seminar and proposed the vote of thanks to the speakers, organizers and the august gathering and acknowledged presence of one of IIAC’s domain base specialized arbitrator Captain Mr. Vinod Gupta in the audience.
His Lordship The Hon’ble Mr. Justice R. D. Dhanuka, Sitting Judge, High Court, Bombay being introduced to Capt. Vinod Gupta, Panel Arbitrator, IIAC
Q&A Session by the Audience
Event and Program Coordination was Mr. Suresh Kotak, a true patriarch took a low-key keeping focus on the members present on the dais.
The audience applauded the program with their feedback confirming the seminar's success and outreach.
IIAC expresses its gratitude to the Chief Guest and the speakers.
His Lordship The Hon’ble Mr. Arjan Kumar Sikri,
Sitting Judge, Supreme Court of India visited IIAC in a select gathering of arbitrators, experts, lawyers and businessmen alike, he congratulated both the IMC Chamber of Commerce and Industry for the commendable work initiated by it in setting up IIAC for furthering the cause of ADR mechanism in the country; and the IMC International ADR Centre at the range of services offered i.e. arbitrations, mediations and combinations such as Med-Arb- Med or Med-Arb or Arb-Med- Arb etc.
He elucidated the differences between an adjudicatory process like arbitration and the collaborative and win-win nature of a mediation process. Sharing his valuable insights on the practical experiences in court annexed arbitrations and mediations; in matters ranging from intense labour disputes to infringement of trademarks, he explained how ADR can be used in an advantageous manner in cases where they may be limitations in issues put forth before a court. His commitment to the ADR culture is evident in many articles he has penned. J. Sikri also shared his thoughts on intermingling forces of how society influences judiciary and in turn judiciary influences society.
Concluding his talk with a walk-through of the sophisticated IMC Suresh Kotak International ADR Centre, he exclaimed that he was very impressed with the state of the art infrastructure facilities offered thereat and that the ADR culture in Indian was poised for a better change in the coming days.
Launch of Operations of IMC International ADR Centre by Hon’ble Justice Smt. Sujata Manohar (Retd.), Chairperson of the Apex Advisory Committee of IIAC
Venue : Babubhai chinai committee Room, 2nd floor, IMC, IMC Marg, Churchgate, Mumbai-400020