The Centre for Alternate Dispute Resolution (CADR) JGLS, is hosting the CADR-CAMP Arbitration & Mediation Practice Pvt. Ltd. jointly organized Virtual Panel Discussion on Mainstreaming Commercial Mediation in India.
While mediation has been around for years in India as the preferred ADR Mechanism for private, civil disputes (matrimonial, land, succession etc.) it has recently begun to find a place in commercial contract dispute resolution clauses, not just alongside arbitration, but often as a preferred precursor to binding arbitration.
This has become all the more streamlined, in light of the mandate under the 2018 Amendment to the Commercial Courts Act, for pre-institution mediation and settlement. India also is one of the initial signatories of the Singapore Mediation Convention and we are in the process of ratifying the same. A stand-alone Mediation legislation is also in the offing.
In furtherance of these developments, it is pertinent to have further discussion and debate on the desirability mediation as the dispute-settlement method in private commercial disputes, as well as reflect and consider action points for mainstreaming the practise.
The panel, co-organised by CADR, JGLS and CAMP Arbitration & Mediation Practice Pvt. Ltd. (CAMP), shall take up this discussion with mediation experts – both practitioners and mediators themselves, alongside academia, to talk about the emerging new norm of commercial mediation, including:
1. Why mediate commercial disputes - advantages of standalone mediation and hybrid dispute resolution processes.
2. Mediation of commercial disputes under various Indian legislations & the mandate under Section 89 of CPC.
3. Influence of Singapore Mediation Convention and the impact of the proposed standalone Indian Mediation Legislation.
4. Online Dispute Resolution - The road ahead.
About the Panelists
LAILA OLLAPALLY is the founder of CAMP Arbitration & Mediation Practice Private Limited (CAMP), a pioneering private mediation initiative set up in 2015 in Bangalore, India. She has practiced as an advocate for over 3 decades in the Supreme Court of India and various High Courts. Since 2014, she is a full-time mediator. She is a Founding Coordinator of the Bangalore Mediation Centre (BMC), Court Annexed Mediation Program of the High Court of Karnataka, one of the leading court annexed mediation programs in the country.
She is a senior mediator and trains extensively on mediation and negotiation. Ms. Ollapally is a Member of the Board of the International Mediation Institute (IMI). She is on the Advisory Board of Global Mediation Panel, UNDP. She was nominated to 'The International Who's Who Legal' of Commercial Mediation 2019 and as a Global Leader in Mediation for 2020. She is on the panel on several national and international mediation institutes.
J.P. SENGH, Sr. Advocate, Secretary General, Maadhyam – International Council for Conflict Resolution.
J.P. Sengh is a well-known civil, commercial and arbitration lawyer, as well as an accomplished mediator. He is the founder Organising Secretary of Samadhan, the Delhi High Court Mediation and Conciliation Centre. He has received his training in India and also abroad – in USA, where he has undergone Training of the Trainers programme.
He has been part of training programmes for mediators held in India and abroad and has been appointed by the Mediation and Conciliation Project Committee of the Supreme Court of India as an observer of several Training Programmes. He has been associated with several workshops and regularly conducts lectures on dispute resolution and litigation.
SAHIL KANUGA, Co-Head, International Dispute Resolution & Investigations Practice, Nishith Desai Associates, Mumbai.
Sahil Kanuga co-heads the International Dispute Resolution & Investigations Practice at research and strategy driven international law firm, Nishith Desai Associates. Known for his analytical and meticulous approach aimed to reach his clients' goal, Sahil has worked on an array of complex matters including Indian and international arbitrations. He aggressively tackles the challenges presented by each case - legal, financial, or otherwise and has advised on corporate and commercial laws, civil and constitutional matters and criminal offences.
He has also negotiated private equity and joint venture transactions. A focused problem-solver, Sahil understands that business goals shape legal strategies. He also advises multi-national clients across jurisdictions on investigations involving issues such as internal fraud, anti-corruption, anti-bribery and data privacy. He has conducted a number of investigations including internal investigations as well as joint investigations with international law firms and forensic teams, having potential ramifications under the FCPA and UKBA.
A.J. JAWAD, Partner and ADR Services Head, KDLex Chambers LLP.
Jawad has been a mediator since 2007. He has extensive experience in mediating commercial, contractual, matrimonial and child custody cases. He is a trainer with the MCPC, Supreme Court of India and has trained lawyers and judges in mediation all over India and has conducted Training of Trainers (ToT) workshops for the MCPC. Jawad is empaneled with the SIMC as an India specialist mediator. He is accredited as a SIMI Level 3 Mediator.
He is a panel mediator with the Bombay Chamber of Commerce. Jawad is also empaneled as an arbitrator with the Madras High Court. Jawad works for ADR ODR International, UK, a thought leader in ADR and ODR, as a mediator and global faculty and has been involved in mediation training programs in universities in the UK and India. He is a partner and Head of ADR Services with KDLex Chambers, a firm offering a range of ADR services. He is a Specialist Guest Faculty with the Maharashtra National Law University.
SAKSHI VIJAY, Assistant Professor, JGLS; Member, CADR, JGLS.
Sakshi Vijay is currently working in Jindal Global University in the Law School as an Assistant Professor. She is a Humboldt (German Chancellor) Fellow with her Masters from the University of Melbourne in International Disputes Resolutions. She has worked previously in the field of Public Policy as a Consultant with the Law Commission of India (Government of India). She has qualified as an Advocate in India and worked as an in-house counsel in the first two years of her professional life in an Oil and Gas exploration company, Government of Gujarat. She passed out of ILS Law College, Pune University in 2013. She was trained as a Mediator in Australia and then as a Tribunal Secretary in Hong Kong. After her Masters, she worked at the Hong Kong International Arbitration Centre as a case managing intern for Arbitration and Mediation and participated in the business development activities of the Institution in India.
She also works with as Joint-Secretary of Maadhyam, International Council for Conflict Resolution which aims at creating awareness towards Alternate Dispute Resolution. She is a regular researcher and publisher in the field of mediation in south-east Asia and has organized seminars and conferences around Institutional Arbitration in India. Accredited also as a mediator by the Ministry of Corporate Affairs, she aspires to bring about awareness of the process through community mediation and training in negotiation of people at large.
Prof. Aakanksha Kumar, Associate Professor, JGLS; Centre for Alternative Dispute Resolution, JGLS
Note: Zoom Links shall be shared with registered participants
12 November 2021, 5:00 PM (IST)
Date: November 13, 2021, Saturday
Time: 11:00 AM Onwards (IST)