Round-Up 

Quarterly Alternative Dispute Resolution Round-Up (April-November 2023)

Interview

Interview: In Conversation with Justice Deepak Verma

Articles

Inordinate Delay in Passing of an Award by Sonal Kumar Singh and Obhirup Ghosh

Arbitration is an Alternative Dispute Resolution process which is preferred by parties since its fundamental principle is that it offers faster resolution of disputes as a result of time-bound proceedings. However, the resolution process is often stretched on account of delays in delivering the arbitral award by the Arbitral Tribunal. Such delay may be unintentional and bonafide. Once the Parties have presented their final arguments upon the merits of the suit in the arbitration proceedings, it is a common practice that the Tribunal delivers the award after a certain gap of time caused by reserving the award in order to assess the legal and factual submissions of the disputing parties. Nevertheless, an inordinate delay may arise if the Tribunal fails to provide sufficient explanation if it takes an extremely long time to pass the award. It is settled law that the scope of challenge under Section 34 of the Arbitration and Conciliation Act, 1996, is extremely narrow. Thus, a question arises as to whether such inordinate delay in passing the award is against the public policy of India which would make the arbitral award passed to be liable as to be set aside by the Court in the exercise of its jurisdiction under Section 34 of the 1996 Act.

The Space-Arbitral Odyssey: A Futuristic Resolution for Private Players Participation in the Industry by Janya Navnital and Shubhankar Sharan

The space industry has become one of the most coveted fields wanting to be excelled by each country. Traditionally, the States and its agencies have dominated the space industry. Government agencies like the National Aeronautics and Space Administration and the Indian Space Research Organization have endeavoured to achieve state goals. However, private players have recently begun footing their presence in space activities. Space tourism, asteroid mining, and satellite launching are some of the recent efforts of the private players, apart from aiding national missions. In this context, it would be detrimental to lose sight of the legal implications of such involvement. This paper aims to underline the growth of private sector participation in space and how it has increased the need for a steady and settled dispute resolution mechanism. Lastly, it highlights why Alternative Dispute Resolution is required for space-related disputes. ADR mechanisms can be less adversarial and more conducive to reaching mutually beneficial agreements. Furthermore, this industry requires confidentiality, time sensitivity, and expertise, making ADR the pragmatic choice.

The Catalysts of Concord in the Seas: An Analysis of the Implementation
of ADR Mechanisms in Maritime Disputes by Aaditya Bajpai and Shreya Bajpai

As the prospect of the Blue Economy is rising, i.e., a practice of shifting to ocean-based resources, tensions related to the maritime boundaries across the world are rising. Maritime Border disputes arise majorly due to the overlap created between the claims of adjacent or opposite states, as was the case of Bakassi Peninsula in Cameroon v Nigeria before the International Court of Justice. Through this article, the author aims to establish that the prompt and meticulous implementation of maritime arbitration mechanism emphasises the importance of harmonious maritime governance, transcending the complexity of protracted litigation battles and providing unwavering jurisprudential rectitude to tangled webs of the law, all while maintaining a delicate balance that protects the world’s seas and the emerging boundaries of international and domestic laws. Hence, through this research, the author aims to provide the importance arbitration holds in the maritime sector by first providing an insight into how the current arbitration system in the international maritime sphere has been working. In furtherance of the same, the author has analysed several cases that have helped develop maritime arbitration jurisprudence internationally. Post this, the author has dealt with the Indian position in the matter of maritime arbitration. Then, the author has provided his analysis of how arbitration is the key to a better maritime atmosphere.

The Future of Blockchain Arbitration in the New ‘Smart’ World by Sneha Vaitheeswaran

The legal environment must constantly adapt to the changes in the digital world to provide a lucrative field for technological advancement. This article argues that smart contracts and blockchain dispute resolution are the future of digitalisation but understands and acknowledges that, at present, its growth and success cannot be guaranteed unless there is a revamping of various legal thresholds by the legislature. However, notwithstanding the synergy between arbitration and blockchain, it is necessary to analyse whether BDR can establish itself as a dynamic venture in law in the current day and age.

Unravelling the Mediation Maze: A Critical Examination of the Mediation Bill, 2021 and its Journey Towards Justice by Shreyansh Rathi

On 20 December 2021, the Mediation Bill 2021 was introduced in Rajya Sabha. After due parliamentary deliberations and standing committee reports, the Bill received approval and was passed by the Rajya Sabha on 1 August 2023. This article will analyse the chief provisions of the Bill and also deliberate on whether it is a progressive step or whether a need for reconsideration exists. It would subsequently delve into analysing whether the Mediation Bill 2023 has been able to redress the shortcomings that exist. The article will cover the various strengths and weaknesses of the 2021 Bill and set a plan for the way ahead.

Arbitrability of Forced Technology Transfer: An Unsolved Riddle by Samriddhi Guha

A lack of consensus on the meaning of FTT introduces two primary problems in light of arbitration. Firstly, the arbitrability of FTT as an intellectual property dispute. Secondly, a definitional exercise to understand FTT as a sub-sect of Foreign Direct Investment. In this paper, the scope of arbitration over FTT disputes has been analysed with reference to the USA-China Trade War and how this ambiguity and confusion has catalysed the trade war. In this process, the paper attempts to suggest the need for developing a uniform regulatory framework around technology transfer, especially for developing countries that are behind at the technical frontier and are trying desperately to ‘catch up’.6 Acquisition of technology can not only accelerate economic growth for these countries but also enable them to attract investments. These issues have been effectively addressed in the literature with the principal aim of ascertaining equity amongst international players as the world economy gradually turns green and the problems for developing countries become increasingly invisible in such conversations.

Compilation

Volume IV Issue I