National conference on Arbitration and Mediation at Crossroads

Arbitration and Mediation

Lucknow: The conference aimed at diverse array of themes crucial to the evolution of alternative dispute resolution in India and globally . The conference also aimed to o catalyse progress in ADR methodologies, enhance the quality of dispute resolution services.

In the inaugral session, the Chief Guest Justice Abdul Moin emphasised the importance of maintaining a delicate balance between confidentiality and transparency in Arbitration and mediation proceedings. Justice Shamim Ahmed emphasised the need for pre – institution and compulsory mediation mechanism to streamline dispute resolution process and highlighted a quote “ open your mind to absorb wisdom is not about learning it is about involvement “ .

Later in the valedictory session , Speaking at National Conference , Mukesh Singh Trustee partner of CEMA ( centre of excellence for mediation and arbitration ) & Chairman Indo American Chamber of commerce said : It is a matter of great joy and honour for all of us that UP has emerged as a favourite destination for Investors from all over the World and I take this opportunity to congratulate as well as compliment our Chief Minister Yogi Adityanath  and his able team of Ministers and officers who worked tirelessly for bringing successfully Rs . 33 lakh crores investment in UP.

This Summit which was held couple of months back has changed the perception about UP and UP’s industry friendly policies and positive environment which will definitely make it a trillion dollar economy in times to come. However, we are all aware that a chain is only as strong as the weakest link of the chain and the weakest link in providing ‘Ease of Doing Business’ to our entrepreneurs, for India as well as UP, is time taken in ‘enforcement of contracts’.

As per the latest available (2019) report of World Bank, while India has continuously and consistently improved its ranking on all other parameters, its ranking in ‘enforcement of contract’ is 5th from the bottom, out of nearly 180 odd countries in the world. We rank just above Afghanistan, Greece, Surinam and Guinea-Bissau. The average time taken to enforce a contract in India is 1445 days, or about 04 years, whereas for Singapore it is just 164 days and the Global average is 650 days.

Through a well conducted mediation and arbitration by trained experts, the contract may be enforced in about a year or just 365 days. If we are able to provide a platform to our entrepreneurs for conducting and concluding the arbitration proceedings in a time-bound manner, then it will fulfil the most critical gap in making our State the most preferred destination for Investors and fulfilling the vision of our Hon’ble Prime Minister of making India ‘Atma-nirbhar”. Our Centre of Excellence for Mediation and Arbitration (CEMA) is a small but very critical initiative in that direction.

Our present judicial system, as it exists today, is already over-stretched, over-burdened and under-staffed to deal with the huge number of cases pending in various courts. It is extremely difficult and also time consuming for them to deal with the millions of commercial disputes in addition, which may be quite efficiently handled through Alternative Dispute Resolution Mechanism (ADRM) such as mediation and arbitration. It is a matter of great satisfaction that the Government has realised the potential and possibilities of ADRM and has introduced several amendments as well as fresh legislation in the form of proposed Mediation Bill, in order to facilitate Arbitration and Mediation in the country. We are extremely thankful to the Central government as well as the State government for their pro-active and industry friendly approach to usher in investments from the entire world for making India and UP the new Growth Engine.

We at CEMA, wish to work side-by-side with the Industry and the Government, with active support and guidance from the Judiciary, to achieve our common goal of making India a developed economy in times to come.
In the valedictory session of the conference  Justice  Sangeeta Chandra graced and gave her insight on ADR as Chief Guest ,  Justice Mr Subhash Vidyarthi an alumni of Faculty of Law , university of Lucknow gave meaningful address to the attendees of the session .

The season was also addressed by R K singh Campus director. The vote of thanks was proposed by Mohd Ahmad organising secretary of the conference. Justice  Sangeeta chandra and  Justice Mr Subhash vidyarthi presented certificate and gift of token too resource partners .


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