PHD Chambers of Commerce and Industry alongside its Principal partner Maadhyam- International Council for Conflict Resolution organised a Seminar on Fast Track Arbitration “The New Paradigm” on 7th December 2023, at PHD House, New Delhi.
The Keynote session dealt with the theme, “Reducing Costs and Delays in Fastrack Arbitration” and was addressed by distinguished speakers, Hon’ble Justice Philip Jeyaretnam, President, Singapore International Commercial Court and Hon’ble Justice Arjan Kumar Sikri, Former Judge Supreme Court of India.
The discussion in the keynote session encompassed Arbitration as the evolving landscape of dispute resolution. The mechanism of Arbitration in the field of Alternate Dispute Resolution has been rising as the foremost choice due to its inherent advantages in terms of flexibility, particularly with respect to timelines and costs. However, this ascendancy has not been without criticism in recent years, with concerns over the perceived high costs and time-consuming nature of arbitration, especially when applied to cases involving small businesses, modest claims, and uncomplicated disputes. This predicament poses a substantial risk to small enterprises, impacting their operations, reputation, and long-term sustainability. In light of these challenges, there has been a growing need to shift focus from the creation of new dispute resolution mechanisms to a reimagining of existing methods. The goal is to develop approaches that are both cost-effective and time-efficient. The upcoming session on "Reducing costs and delays in Fast-Track Arbitrations" aimed to delve into this imperative, exploring avenues to streamline fast-track arbitration procedures for the early, facile, and efficient resolution of disputes. Through collaborative discussions and expert insights, the session sought the pressing issues faced by businesses, particularly small enterprises, in the realm of dispute resolution, fostering a more accessible and expedient path to justice.
The second session dealt with a technical theme, “How to approach Evidence in Arbitration”, and was addressed by distinguished speakers, Hon’ble Justice Ms. Jyoti Singh, Judge High Court of Delhi, Hon’ble Justice Ms. Mukta Gupta, Former Judge High Court of Delhi and Sr. Advocate Mr. A.S. Chandiok, President of Maadhyam- International Council for Conflict Resolution
The arguments in this technical session circled around the integral role of evidence in arbitration, the introduction and handling of evidence which can significantly shape and determine the outcome of the proceedings. Procedural considerations related to evidence-taking stand out as some of the most common and crucial aspects in arbitration. The effectiveness of arbitration often hinges on how obstacles to evidence-taking are navigated. Challenges may arise when a party fails to produce requested documents, when relevant documents are in the possession of a third party beyond the tribunal's jurisdiction, or when the arbitral tribunal does not afford fair opportunities for the parties to present evidence. Instances where an arbitration award overlooks crucial evidence in reaching a decision or attempts to rewrite a contract may be vulnerable to challenges based on grounds of patent illegality. The session further delved into the intricate aspects of evidence in arbitration. It explored the means through which a party can comprehensively present its case, navigating various nuances of evidence to enhance the understanding of practitioners and participants in the arbitration process, promoting a fair, thorough, and legally sound approach to the presentation and assessment of evidence in arbitration.
The seminar was interactive in nature wherein there was ample opportunity for audience engagement in the form of discussions, Question and Answer session and networking break.
