A significant amount of Indian arbitration work happens in institutions outside of India and the cases are not handled by lawyers trained in India, Senior Advocate Ritin Rai recently said..While speaking at the launch of the Milon K Banerji Centre for Arbitration Law at NALSAR University of Law, he said, “One more aspect about arbitration that I feel we must concentrate on as Indians - too much of our arbitration work is seated outside India to institutions that are outside India. Often, even Indian law governed disputes have counsel who are not necessarily Indian trade lawyers.”.The Centre, funded by Senior Advocate Gourab Banerji in honour of his late father and former Attorney General for India Milon Banerji, aims to train lawyers who will become arbitration practitioners and handle Indian law disputes, whether seated in India or abroad.It is envisioned as “a no-frills research and teaching centre which would serve as a hub for legal scholars, practitioners and policy makers to converge, exchange ideas and contribute to the evolution of arbitration practices,” Rai, who is co-chair of the Centre, said..“Even though we are talking about an Arbitration Act of 1996, it is still an area of law that is developing and that has a lot of issues that we are still debating and trying to work through,” Rai went on to say during his speech.He pointed to recent Supreme Court decisions, such as those concerning non-signatories in the Cox and Kings case and the stamping of arbitration agreements, as examples of ongoing developments. He also emphasised the importance of addressing issues of independence and bias, referencing the Perkins and CORE cases.Revealing what the focus of the Centre will be, Rai said,“These are the kinds of issues that I hope we at the Center will try and think through from a practitioner's perspective, from the way it affects stakeholders, but with a strong focus on research and a strong understanding of globally, also how arbitration is developing.”.Speaking about the need for a centre for academic excellence with a focus on arbitration, Banerji said, “What is really important…is that there is a particular value of research in arbitration, and I think it's a subject which is neglected academically in favour of more substantive subjects like constitutional law or contract law, and that was the gap that we wanted to fill.”.Banerji shared personal anecdotes about his father, highlighting the importance of research in arbitration. He recounted the Secretary Irrigation Department, GC Roy case, where his father, arguing against established precedent, presented a persuasive argument based on a High Court of Australia judgment, ultimately swaying the court. He also described the Sumitomo v. ONGC case, where his father successfully challenged a point made in renowned textbook Dicey, Morris & Collins on the Conflict of Laws by demonstrating that the cited footnote did not support the proposition..In his keynote address, former Supreme Court judge Justice (retd) Rohinton Nariman called for a complete appeal on merits of arbitral awards, covering both law and facts, to address the quality of arbitration awards being passed today..The Centre currently comprises 3 Directors, 8 Research Scholars, and 1 Technical Editor.The directors are Dr Amit George, Shreya Parekh and Chand Chopra, all of whom are NALSAR alumni. George, a Delhi High Court Advocate, specialises in diverse legal areas and frequently appears in domestic and international arbitrations, also serving as an arbitrator. He holds an LL.M. from the University of London and a Ph.D. from NLU Delhi.Parikh, an independent counsel, specialises in commercial, securities and public interest law, appearing before the Supreme Court and High Courts. Empaneled with the Securities and Exchange Board of India (SEBI), she handles complex financial fraud cases.Chopra, a Delhi High Court Advocate and UK Solicitor, specialises in civil, commercial, arbitration and constitutional matters. She regularly appears before the Supreme Court, High Court, and tribunals, and serves as an arbitrator..WATCH VIDEO
A significant amount of Indian arbitration work happens in institutions outside of India and the cases are not handled by lawyers trained in India, Senior Advocate Ritin Rai recently said..While speaking at the launch of the Milon K Banerji Centre for Arbitration Law at NALSAR University of Law, he said, “One more aspect about arbitration that I feel we must concentrate on as Indians - too much of our arbitration work is seated outside India to institutions that are outside India. Often, even Indian law governed disputes have counsel who are not necessarily Indian trade lawyers.”.The Centre, funded by Senior Advocate Gourab Banerji in honour of his late father and former Attorney General for India Milon Banerji, aims to train lawyers who will become arbitration practitioners and handle Indian law disputes, whether seated in India or abroad.It is envisioned as “a no-frills research and teaching centre which would serve as a hub for legal scholars, practitioners and policy makers to converge, exchange ideas and contribute to the evolution of arbitration practices,” Rai, who is co-chair of the Centre, said..“Even though we are talking about an Arbitration Act of 1996, it is still an area of law that is developing and that has a lot of issues that we are still debating and trying to work through,” Rai went on to say during his speech.He pointed to recent Supreme Court decisions, such as those concerning non-signatories in the Cox and Kings case and the stamping of arbitration agreements, as examples of ongoing developments. He also emphasised the importance of addressing issues of independence and bias, referencing the Perkins and CORE cases.Revealing what the focus of the Centre will be, Rai said,“These are the kinds of issues that I hope we at the Center will try and think through from a practitioner's perspective, from the way it affects stakeholders, but with a strong focus on research and a strong understanding of globally, also how arbitration is developing.”.Speaking about the need for a centre for academic excellence with a focus on arbitration, Banerji said, “What is really important…is that there is a particular value of research in arbitration, and I think it's a subject which is neglected academically in favour of more substantive subjects like constitutional law or contract law, and that was the gap that we wanted to fill.”.Banerji shared personal anecdotes about his father, highlighting the importance of research in arbitration. He recounted the Secretary Irrigation Department, GC Roy case, where his father, arguing against established precedent, presented a persuasive argument based on a High Court of Australia judgment, ultimately swaying the court. He also described the Sumitomo v. ONGC case, where his father successfully challenged a point made in renowned textbook Dicey, Morris & Collins on the Conflict of Laws by demonstrating that the cited footnote did not support the proposition..In his keynote address, former Supreme Court judge Justice (retd) Rohinton Nariman called for a complete appeal on merits of arbitral awards, covering both law and facts, to address the quality of arbitration awards being passed today..The Centre currently comprises 3 Directors, 8 Research Scholars, and 1 Technical Editor.The directors are Dr Amit George, Shreya Parekh and Chand Chopra, all of whom are NALSAR alumni. George, a Delhi High Court Advocate, specialises in diverse legal areas and frequently appears in domestic and international arbitrations, also serving as an arbitrator. He holds an LL.M. from the University of London and a Ph.D. from NLU Delhi.Parikh, an independent counsel, specialises in commercial, securities and public interest law, appearing before the Supreme Court and High Courts. Empaneled with the Securities and Exchange Board of India (SEBI), she handles complex financial fraud cases.Chopra, a Delhi High Court Advocate and UK Solicitor, specialises in civil, commercial, arbitration and constitutional matters. She regularly appears before the Supreme Court, High Court, and tribunals, and serves as an arbitrator..WATCH VIDEO
