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Report on XIth Empanelment Arbitration Workshop on ‘Domestic & International Arbitration-Law, Procedure and Awards’ on 29th – 30th April, 2016 & 1st May, 2016 At Hotel – The Grand JBR C/F- 129, Viraj Khand, Gomti Nagar, Lucknow - 226010
 

The 3 days programme of the CIAC- Empanelment Arbitration Workshop included Inaugural Session on Friday the 29th April, 2016, the Valedictory Session on Sunday the 1st May, 2016, & the 3 Technical Sessions on all the 3days. Salient features of the workshop are: -

1.0 Inaugural Session- Friday 29th April, 2016

Inauguration of the Arbitration Workshop was made by Chief Guest - Hon’ble Mr. Justice Satyender Singh Chauhan, Judge Lucknow Bench of Allahabad High Court, Lucknow at 0915 hrs at the aforesaid Venue. Guest of Honour to this session was Dr. P.R. Swarup, D.G CIDC & Secretary General, CIAC, who presented the theme note address. Prof (Er) O. P Gupta, VSM, Acting Registrar, CIAC welcome the dignitaries and Dr. Shuchita Kumar, Director CIDC, presented Vote of Thanks.

Extract of Hon’ble Chief Guest Address
“Inaugural address was highly educative and inspiring for the participants of the Empanelment Arbitration Worksop as well as for CIAC.  The message to the Construction Industry for adoptions of ADR an alternative to Litigation for speedy dispute resolution, benefits of Institutional Arbitration over Ad-hoc Arbitration, need for trained arbitrators in various field of industries and stress for adoption of Institutional arbitration being speedy, Transparent, well managed, cost effective etc were a guiding factor in resolving the disputes in construction Industry.
Hon’ble Chief Guest stress the increasing demand of expert arbitrators, be it Domestic or International Arbitration. Hon’ble Chief Guest appreciated the work of CIAC in maintaining the expected level of professionalism through their Empanelment Arbitration Workshop at various places in the country and also in Royal kingdom of Bhutan during September, 2015. Hon’ble Chief Guest also commended the CIAC- Arbitration Rules, 2013 (Amended up to2015), which commit to make arbitral award within 4 months, if the claim amount is less than Rs 1 crore & within 6 months, if the claim amount is more than Rs 1 crorc and the Rules which  binds the arbitrator to make the award within 30 days after the close of arbitration proceedings”.

2.0 Technical Session
There were 3 technical Sessions, one on each day. In all 14 lectures delivered by 6 Speakers on the subject detailed here under:-     
2.1 Technical Session I- 29th April, 2016


Sl.No

Topic

Speaker

  1.  

Special Features of Arbitration & Conciliation Act, 1996 & the Amended  Arbitration & Conciliation Act, 2015.

Dr. R. K Chopra

  1.  

Resolution of Construction Disputes & its implications

Dr. P.R. Swarup

  1.  

Institutional Arbitration V/s Adhoc Arbitration     

Prof (Er) O.P. Gupta, VSM

  1.  

Breach of Contract, its implications & Responsibility

Dr. R. K Chopra

2.2 Technical Session II – 30th April, 2016

  1.  

Arbitration Proceedings – Commencement, Procedure, Pleadings & Evidence 

Dr. R.K Chopra

  1.  

Enforcement of  Domestic Award & Foreign Award  

Mr. H L Chawla

  1.  

Introduction to International Arbitration   

Mr. H L Chawla

  1.  

Determination of Interest Award by Arbitrators    

Prof (Er) O.P. Gupta, VSM

  1.  

Appointment & Disqualification of Arbitrators    

Dr. R.K Chopra

2.3 Technical Session III – 1st May, 2016

  1.  

Application & Implications of specific clauses- Escalation Clause, Variation  Clause, Compensation clause, Rescission of contract

Mr. Sanjay Goyal

  1.  

Contract Documents in Construction Contracts – Interpretation, legality & Certain legal doctrines

Mr. Arvind Minocha

  1.  

Applicability of Laws on Contract, Limitation, Evidence & Tort In Arbitration  

Mr. Arvind Minocha

  1.  

Responsibilities & obligations of parties to a construction contract of – Contractor/ Engineer / owner with special reference to FIDIC. 

Mr. Sanjay Goyal

  1.  

Making & Publication of Award   .

Mr. Arvind Minocha


3.0 Valedictory Function – Sunday, the 1st May, 2016

Chief Guest for the Valedictory Session was Hon’ble Mr. Rakesh Kumar, Judge, Chairman, Central Govt Industrial Tribunal – Cum - Labour Court, who distributed the Certificate of Training to the participants after Completion of their successful 3dyas Arbitration Training Workshop

Extract of Chief Guest Address     
“Valedictory address was highly educative and inspiring for the participants of the Empanelment Arbitration Worksop as well as for CIAC. Hon’ble Chief Guest stressed the need of trained, qualified and expert arbitrators to make India an International Arbitration Hub. Hon’ble Chief Guest suggestion to build up team of experts for Institutional Arbitration because the Institutional Arbitration is a boon for dispute resolution in construction Industry is a very positive approach in resolving the construction Dispute.

Hon’ble Chief Guest highlighted the provision of CIAC- Arbitration Rules, 2013 (Amended up to 2015) and highly appreciated particularly the Review of draft Award made by the Arbitrators to check any irregularity & illegality before issue of Award by the Arbitrator.
Hon’ble Chief Guest message to the participant for raising awareness among the general public for adopting alternative dispute Resolution as compared to litigation which is speedy, cost effective & peoples friendly is considered an effective tool in the interest of justice for Common Man.  
3.1 Feed Back from Trainee Officers
On the basis of the feedback from the trainee officers, the training has been assessed “Excellent”. The trainee officers have appreciated such workshop prior to Empanelment of Arbitrators.
3.2 Vote of Thanks
Vote of thanks was made by Prof (Er) O.P Gupta, VSM, Acting Registrar, CIAC   
4.0 Trainee Officers
There were 21 Trainee officers, who have successfully completed this workshop all the three days from 29th April to 1st May, 2016. Trainee officers included Engineer, Architect, 17 Advocates IAS Officer & retired Judge.
5.0 Empanelment of Arbitration On CIAC Panel
All the 21 Trainee officers, who have successfully completed this training workshop have been Empanelled as Arbitrator on CIAC panel of Arbitrator and Posted on Web-site of CIAC i.e www.ciac.in.

 
 
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