As the COVID-19 pandemic compels all dispute resolution mechanisms to be held virtually, this guide comes as timely research to familiarise the Indian arbitration community with a holistic toolkit for virtual arbitration. The guide is aimed to enable parties, counsel and arbitrators to make an informed decision on the use of virtual procedures in arbitration. It, therefore, analyses the technology that is available, and the practical considerations that must be made in determining the technology to be used. It further provides guidance on the conduct of such proceedings with detailed analysis on protocols and guidelines, drawing from emerging global practices in virtual arbitration. Arbitrators may find this guide helpful for case management in virtual arbitrations.
As arbitrators and counsel start participation in virtual arbitrations, a variety of troubling legal issues may emerge, specifically pertaining to due process and its impact on the substantive rights of the parties. The guide, considering Indian law, provides a multi-faceted analysis of the potential issues that may arise in what is likely to be a popular mode of dispute resolution in the coming times.
The guide is expected to be useful not only for the arbitration community but, also the emerging tech-legal start-ups who are offering or plans to offer services for online arbitration.
The guide has been researched and written by Aditya Gupta and Natasha Kavalakkat, Research Associates with CAR under the guidance of research advisor, Chirag Balyan, Faculty Coordinator at the Centre. The guide has been reviewed and refined with insights from leading arbitration practitioners from India and abroad. The Review Panel comprised of: Ankoosh Mehta – Partner, Cyril Amarchand Mangaldas, Mumbai; Ben Giaretta – Partner, Mischon de Reya, London; Per Magnusson – Founder, Magnusson Minds, Stockholm; Sameer Jain – Founder and Managing Partner, PSL Advocates & Solicitors, New Delhi; Sonali Mathur – Partner, AZB & Partners, Mumbai; Vikas Mahendra – Partner, Keystone Partners, Bengaluru; Ylli Dautaj – Managing Partner, D.E.R. Juridik, Stockholm.
About the Centre:
CAR seeks to carry out research in arbitration law and practice, contribute to policy discussion, and provide a platform for the training of arbitration professionals. CAR wishes to emphasise research and training in contemporary and emerging issues of arbitration law, specifically in niche practice areas, often unexplored by academia, but highly relevant for practitioners, such as construction arbitration, maritime arbitration, investment arbitration, sports arbitration, etc.
Official website: http://mnlumumbai.edu.in/car.php
Download the guide here
Also Read: Alternative Dispute Resolution