Arbit|Ratio Journal on Law and Practice of Arbitration special issue on “Resolve in India“.
The Government of India, in the year 2016 has taken major steps towards creating a progressive temper for Arbitration in India.
Amendments to its parent domestic legislation, a global conference by government’s think tank ‘Niti Aayog’ and most recently constitution of a high level committee to foster institutional arbitration in India are few landmark steps which most certainly would change how Arbitration is practiced in India.
Considering the strategic geographical location of India, continuous connotations regarding liberalization of Legal Market, and regular updates on allowing 100% FDI (via automatic route); Government’s vision can no more be termed utopian and India appears to be ready to hold the baton of International Arbitration.
On the flip side, there exist views that India needs “Cultural Sea Change” to realize its vision. Rampant ad-hocism and ever-growing prominence of Singapore and Hong Kong in the arena are two most important hurdles which India will face.
This special issue is aimed to create dialogue on how to make India, a global hub for Arbitration.
We invite all of those interested in the subject to contribute to this special issue with unpublished articles, conference papers, research papers and case studies dealing with one or more of the below topics or any other relevant issue.
Interdisciplinary contributions as well as those coming from non-legal adjudicators or scholars are also welcome.
Analysis & review of effectiveness of present arbitration mechanism.
Review of the facilities, resources, funding and manpower of existing ADR institutions.
Review of working of the institutions funded by the Government of India for arbitration purposes.
Assessment of skill gaps in ADR and allied institutions for both national and international arbitration.
Evaluation of information outreach and efficacy of existing legal framework for arbitration.
Based on above, the contribution should (one or more):
a. Suggest measures for institutionalization of arbitration mechanism, national and international, in India so as to make the country a hub of international commercial arbitration.
b. Identify amendments in other laws that are needed to encourage International Commercial Arbitration (ICA)
c. Devise an action plan for implementation of the law to ensure speedier arbitrations.
d. Recommend revision in institutional rules & regulations and funding support thereof.
e. Advise empanelment of national and international arbitrators for time bound arbitral proceedings.
f. Suggest road map for further strengthening of research and development impacting the domain.
g. Enlist requisite steps for augmenting skill sets and professional manpower buildup for the sector.
h. Recommend measures to make arbitration more widely available in curricula and study materials.
i. Focus on the role of arbitrations in matters involving the Union of India/Republic of India, including bilateral investment treaties (BIT) arbitrations and make recommendations where necessary.
j. focus on steps to be taken for fostering an efficient arbitration ecosystem for expeditious resolution of International and Domestic Commercial disputes.
10th February, 2017 (2359 Hrs. GMT)
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