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Synopsis

The article is based on the recent webinar session by Mr. Ratan K singh On the topic Carrer in Arbitration where he explains the arbitration regime both in india and in international arena

Brief introduction of Ratan K Singh FCIArb.

Mr Ratan K singh is director of charted institutes of arbitration india for last 12 years and founder of society for construction law, he has his chamber under the name of chambers of Mr. rattan k Singh at Kailash I, Delhi.

Brief on what is Arbitration.

As mentioned by sir there is no defined definition of arbitration and conciliation act the reason could be that sometimes defining a phrase leads to more questions than answers, in regard to this sir has given two tasks to be performed by the audience of webinar.

  • Task I: Write Your definition of Arbitration after the webinar ends.
  • Task II: Since CPC and Evidence Law  does not apply to arbitration what all are the procedure one applies in arbitration?

In general though arbitration is a process and a way of private dispute resolution process of procedure agreed by the parties, there are two types of arbitration.

1. Institutional Arbitration.

2. Ad hoc Arbitration.

A decision is like a decree of court which is final and executable can only be challenged on two grounds-:

  1. Violation of Due process.
  2. Award is against the Public Policy.

Though unlike the decree of court no facts and merits are required to be discussed.

Career in Arbitration

Now since arbitration is a serious matter since there is no second chance the parties look for serious lawyers with knowledge domain and required skillset.

Skill set of Litigation v. Arbitration Lawyers.

Though both are not in total contradiction with each other but in litigation one requires a different skillset to understand the tailor made procedure by the in the arbitration proceedings.

It must be understood that a good arbitrator would also be a good litigator.

For example-: If you want to pursue a career as a commercial or a corporate lawyer, one must appreciate that around 70% of commercial matters are adjudicated through arbitration and almost 100% of international commercial disputes.

Importance of Different types of arbitration specifically international Arbitration for exposure

One must follow domestic, international as well as investment arbitration of different jurisdictions to understand the legal culture of different countries be it civil law, common law or sharia law.

How is International arbitration In common law Different from that of Civil law country

The expectation in both the systems are different.

For example in case of cross examination common law jurisdictions are more trained but that is not considered to be an essential element in the civil law countries where the judge asks the questions if any.

Specific Carrer in the field of arbitration.

  1. Arbitration lawyer.
  2. Arbitrator.
  3. In house Arbitration Counsel.
  4. Tribunal Secretaries.
  5. International  Bureaucrats.
  6. Cited experts of Arbitration.

Experts in arbitration

An expert plays a Vitol role in the proceedings.

For example if a matter is of construction arbitration, one might engage an engineer dealing or having expertise of delay, assumption and quantum of the situation.

Who all can become Arbitrators?

  1. Lawyers. (must have an experience of 10 years)
  2. Engineer.
  3. Retired Judicial Officers.
  4. Architects.
  5. CA
  6. CS
  7. Bureaucrats.
  8. Ant expert of that particular field.

What all sources must one read for a great beginning?

  1. Start by old legislations. (Arbitration and conciliation act)
  2. Law Commissions Report.
  3. J. AP shah Committee Report.
  4. J. BN Srikrishna Committee Report.
  5. ICC rules, SIAC rules and rules of other institutional arbitration centres.
  6. UNCITRAL model law.
  7. Legislative History of UNCITRAL Model Law.
  8. Soft laws
  9. ICSID Awards.
  10. Law Reports.
  11. Arbitration Journal & Awards.
  12. Books.
  13. Attend conferences and seminars.
  14. Student Memberships of different institutions.
  15. Participating in moot court competitions like Vis Vienna and Vis East Hong Kong.

Q & A Session

Q1. Whether a law degree is prerequisite for someone to become arbitrator.

Ans: No. please refer to who all can become arbitrator’s topic for more clarity.

Q2. If the Tribunal is not bound by CPC and Evidence act, how is evidence taken in arbitration proceedings.

Ans. Section 19 mentiones that the tribunal is not bound but it never the less does not pose a restriction and some provisions can be applied with the suitability of the case.

Q3. Companies Want Arbitration,Mediation and all other mechanism in a combined manner and not just arbitration, does arbitrational proceedings allows for that?

Ans. Yes one can follow the AMA approach that is Arbitration, mediation and Arbitration when the proceeding is going on and if a settlement is reached section 30 allows for the same to be final settlement.

Q4. What are some infrastructural problems with India as Far as inflow of foreign arbitration in India is concerned.

Ans. India never had a culture of institutional arbitration and mostly followed ad hoc arbitration leading to no uniform system and a lot of time and money consumption.

Q5. Can please explain in brief arbitration proceeding step by step.

Ans.

  1. Execution of Arbitration Agreement(initiation,execution and invocation)
  2. Constitution of Institution or tribunal
    • Statement of claim and defence
    • Counter claim and Reply to counter claim if any.
  3. Documents along Statement of claim and Statement of discovery.
  4. Process of Discovery.
  5. Supporting of Discovery.
  6. Supporting of Pleadings.
  7. Oral Submissions.
  8. Deliberations.

The award becomes final binding and executed as a decree of court unless challenged on the ground mentioned above.

Q6. How Important is Drafting of Arbitration Agreement.

Ans. It is one of the most important aspect since you include there what you want.

For example:

  1. If you want fixed time duration in an arbitration agreement mention it in the clause or agreement.
  2. If you want no cross examination mention it in the agreement.
  3. If you want no discovery or oral hearing to be done mention it on the agreement.
 

Video Descriptions:

1. Arbitration: 8:00 mins to 10:18 mins
2. Types of Arbitration: 11:27 mins to 12:36 mins
3. What makes a Good Arbitration Professional: 17:14 mins to 24:42 mins
4. Arbitration in Today's World: 24:51 mins to 26:15 mins
5. Remuneration: 26:54 mins to 28:57 mins
6. Careers: 28:59 mins to 32:04 mins
7. Who all Can Become Arbitrators?: 32:13 mins to 34:47 mins
8. What All To Read?: 35:00 mins to 45:11 mins
9. What Books you can refer?: 48:40 mins to 50:17 mins
10. What else one can do?: 50:49 mins to 57:22 mins

Also Click Here: Presentation on - Arbitration as a Career: Webinar with Ratan K Singh, FCIArb


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