Introduction
In a significant step towards strengthening dispute resolution mechanisms, the second session the Arbitration Training Program organized by the Kerala High Court Advocates Association in association with PCL (Project Complete Lawyer) Foundation will take place on 22nd July 2023 at KHCAA Hall, Ernakulam, Kerala from 9.30 AM to 12.30 PM. This training program will mainly revolve around “Principles of Arbitration and Party Autonomy” and aims to equip legal professionals, arbitrators, and stakeholders with the necessary skills and knowledge to effectively navigate complex disputes and contribute to the development of a robust arbitration system. The event marked a crucial milestone in promoting alternative dispute resolution and fostering a culture of fairness and efficiency in resolving conflicts.
About Project Complete Lawyer
The Complete Lawyer is an independent organisation working with the primary objective to help fresh law graduates become independent practitioners within a shorter period of time – less than 2 years after graduation – by providing them with a comprehensive understanding of the legal profession and its various institutions. The project is based on the fundamental principle that all institutions created under law operate under the rule of law, including the higher judiciary, district judiciary, and various tribunals. By studying the jurisdiction, practice, and procedures followed by these institutions, the project aims to empower students to enter the legal profession with confidence.
For more details kindly visit; https://www.pclfoundation.com/
A Gist about Principles of Arbitration and Party Autonomy
The Indian law on arbitration takes a distinctive stance, mandating that the Arbitral Tribunal operates outside the purview of the Code of Civil Procedure 1908 or the Indian Evidence Act 1872. Empowered to conduct arbitration proceedings in a manner deemed appropriate, the tribunal holds significant discretionary power, subject to any procedural agreements between the parties involved. This unconventional approach might appear puzzling to an ordinary litigation lawyer, prompting the theme of Session II in the ongoing training program—to explore how an arbitrator can effectively balance this statutory duty.
In sharp contrast, the English Arbitration Act has earned a reputation as one of the most comprehensive national legislations concerning arbitration. England chose to diverge entirely from the UNCITRAL Model Law while conceiving this Act, making a comparative study of the English Arbitration Act with the Indian law highly relevant. Guiding an arbitrator in formulating the arbitration procedure without applying the procedural rules from the Code and the Evidence Act are the Principles of Arbitration, enshrined in Section 1 of the English Arbitration Act 1996, and the Duties of the Arbitrator outlined in Session 33 of the same Act.
A critical aspect to consider is Schedule I of the English Arbitration Act, which encompasses the Mandatory Provisions of Part I of the Act, making other provisions non-mandatory. The latter start with the phrase “Unless otherwise agreed by the parties…,” a concept mirrored in the Indian Arbitration Act. Such non-mandatory provisions ensure the preservation of party autonomy, providing flexibility in the arbitration process.
Drawing on the general principles of arbitration, the duties of the arbitrator, and the concept of party autonomy, the Arbitral Tribunal can establish a strong foundation for devising a suitable procedure to conduct the arbitration proceedings.
The second session of the training program boasts a distinguished panel of speakers and a knowledgeable moderator. Mr. G. Srikumar, a senior advocate, assumes the role of the session’s moderator, while the esteemed speakers include Mr. Inbavijayan Veeraghavan, an international arbitrator, and Mr. Johnson Gomez, the course director of the training program.
The training program aims to equip participants with a profound understanding of arbitration principles and an appreciation of the complexities involved in this specialized field of law. By exploring the contrasting approaches of Indian and English laws, the program strives to empower arbitrators in striking the right balance while fulfilling their statutory duties.
Mentioned below is the Live Streaming link:-
Session II – Principles of Arbitration and Party Autonomy- Interactive Session
Saturday, 22 July · 9:15am – 1:15pm
Time zone: Asia/Kolkata
Google Meet joining info
Video call link: https://meet.google.com/srk-xosn-uiw
