NEWS LETTER. Issue 5 ARBITRATION & CONCILIATION CENTRE BENGALURU. (Domestic & International)

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1 NEWS LETTER Volume : 1 Issue 5 August ARBITRATION & CONCILIATION CENTRE BENGALURU (Domestic & International) A preferred destination for Dispute Resolution through Arbitration & Conciliation

2 2 In This Issue Governance Message from Chief Justice Message from President Maiden visit of Patron-in-chief Ambience of Centre UNO Resolution on Arbitration Voluntary request Important decisions on Arbitration & Conciliation Act Arbitration Proceedings disposal & pendency of proceedings Page No ARBITRATION & CONCILIATION CENTRE - BENGALURU (Domestic & International) Khanija Bhavana', IIIrd Floor, East Wing, Race course Road, Bengaluru Karnataka, India. Phone : Fax: arbkarblr@gmail.com Website: List of Arbitrators 14 Published by The Director on behalf of the Arbitration & Conciliation Centre, Bengaluru (Domestic & International) 'Khanija Bhavana', IIIrd Floor, East Wing, Race Course Road, Bengaluru , Karnataka, India. Printed at : Rashmi Printers #19, 6th Cross, Sudhamanagar Bengaluru , Ph : , EDITORIAL BOARD Chairman Hon'ble Dr. Justice Vineet Kothari, Judge, High Court of Karnataka Vice Chairman Hon'ble Mr. Justice Krishna S Dixit Judge, High Court of Karnataka Member Dr.Shashikala M.A.Urankar Director Arbitration & Conciliation Centre, Bengaluru

3 GOVERNANCE 3 The Chief Justice of High Court of Karnataka is the Patron-in-Chief of the Centre. The Centre is governed by the Board of Governors, consisting of five judges of the High Court of Karnataka, of whom, one will be the President and others will be the members of the Board of Governors. PATRON-IN- CHIEF Hon'ble Mr. Justice Dinesh Maheshwari The Hon'ble Chief Justice, High Court of Karnataka PRESIDENT Hon'ble Dr.Justice Vineet Kothari Judge, High Court of Karnataka BOARD OF GOVERNORS Mr. Justice A.S. Bopanna Mr.Justice B.Veerappa Mr.Justice P.S.Dinesh Kumar Mr.Justice Krishna S Dixit

4 4 Dinesh Maheshwari Chief Justice High Court of Karnataka Bengaluru It is indeed a matter of pride and privilege to state that the Arbitration and Conciliation Centre at Bengaluru has been continuously marching ahead in ensuring quality services in the field of arbitration and conciliation with its structured and institutionalized set up. The able administration of the Board of Governors has ensured that the Centre dedicates its services not only to the corporate world but for the common man too and ensures that the alternative dispute resolution mechanisms, particularly arbitration, function towards ultra-efficient and speedy resolution of the disputes. The presence of eminent legal luminaries and stalwarts in the panel of Arbitrators has enriched the Centre and has ensured effective and quality outcome. No doubt, qualitative assistance of the learned Advocates and the dedicated services of the disciplined staff have cumulatively ensured that the Centre continuously renders meaningful services. I am sure that in the times to come, the Centre will expand its areas of activities and would scale greater heights in terms of its utility and relevance. The Centre is bringing out fifth issue of its News Letter, which is only a glimpse of the yeomen services rendered by it. With compliments to all concerned. October 3,2018 Dinesh Maheshwari Chief Justice

5 5 Dr. Justice Vineet Kothari B.Com (Hons.), LL.B., LL.M., Ph.D., A.C.A., F.C.S. Judge, High Court of Karnataka Having completed one year of my heading the Bangalore Arbitration Centre now with a new and more dynamic Director, Dr. Shashikala M.A. Urankar, we really feel pleasure in presenting the Issue No.5 of Newsletter of the Centre for the general benefit of all the stakeholders. It is a matter of pleasure and proud that the Bangalore Arbitration Centre is a busy and happening place and many important cases are resolved through ADR Mechanism in the Centre and under the able guidance of our new Patron-in-Chief, the Hon'ble Chief Justice, Justice Dinesh Maheshwari, a new energy and dynamism has been infused in the activities of the Khanija Bhavan Centre and with the revamped panel of Arbitrators, which now includes the former Hon'ble Chief Justice of India, Justice Tirath S. Thakur and other Hon'ble Supreme Court Judges and new Board of Governors, we are all happy to dedicate ourselves in the public service. Of course, without the help of the learned Advocates and the efficient staff, the disposal rate of the ADR Centre cannot increase and therefore, we call upon all the concerned to re-dedicate their services to the Bangalore Arbitration Centre in a more reinvigorated manner. With the voluntary initiative of the Public Sector Undertakings like the IOCL to refer all their Arbitral Disputes to the Bangalore Arbitration Centre, it is indeed a matter of pleasure that the stature of the Bangalore Arbitration Centre has gone up a few notches above the earlier ones. Happy Festive Season to all!! With warm regards Dr. Vineet Kothari

6 MAIDEN VISIT OF HON'BLE PATRON-IN-CHIEF st CHAIRED BOARD MEETING HELD ON 1 August,

7 7

8 AMBIENCE OF CENTRE 8 COURT HALL ADMIN SECTION

9 9 SPEECH BY UNDER SECRETARY GENERAL FOR LEGAL AFFAIRS st 51 Session of the United Nations Commission on International Trade Law New York Convention 60' Anniversary 28 June 2018 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (the "New York Convention"): a beacon forinternational trade 28 June 2018 United Nations Headquarters, New York By Mr. Miguel de Serpa Soares Under-Secretary-General for Legal affairs and United Nations Legal Counsel The celebration for this new decade is conceived as an interactive session among delegations for considering how the mandate of UNCITRAL has generally contributed to the successful development of the international arbitration framework, with, as a foundational instrument, the New York Convention. We are honoured that leading arbitration practitioners are also joining us today for the celebration. Let me start by giving you some information that may not be so well-known: UNCITRAL's origin and mandate partly result from the diplomatic process that lead to the adoption of the New York Convention. Indeed, in conjunction with the consideration of the question of recognition and enforcement of foreign arbitral awards, the United Nations Conference on International Commercial Arbitration which worked on the preparation and adoption of the New York Convention from 20 May to 10 June underscored in its final Act the relevance of measures for increasing the effectiveness of arbitration. The topics mentioned included the collection and publication of information on existing arbitration laws and facilities, technical assistance in the development of arbitral legislation and institutions, and the preparation of model law on arbitration. These topics found their way into the legislative work programme of UNCITRAL, at its very first sessions, and constituted a roadmap that has been followed by organizations active in the field of international arbitration. On that basis, UNCITRAL developed Arbitration Rules, the Model Law on International Commercial Arbitration, and undertook a survey on the legislative implementation of the New York Convention with the aim to monitoring its application. This project was carried out over the course of a 12 year period, in cooperation with the International Bar Association. In UNCITRAL's early years, arbitration was not accepted in all parts of the world as an alternative to the judicial settlement of international commercial disputes. Rather, the practice was often ignored or approached with reservation or suspicion which, in turn was becoming an impediment to the development of international trade. The work of UNCITRAL - drawing in part on the expertise of the private sector - has contributed to a strong legal framework, widely accepted in many different countries, with different levels of development, and different legal traditions. However, the Commission is not only tasked with the development of legislative instruments. Let me also mention the long and historical relation between UNCITRAL and the International Council of Commercial Arbitration, the ICCA, the ICCA guide and the ICCA New York Convention roadshow.

10 10 The New York Convention was characterized in a General Assembly resolution of 2007 as an instrument that strengthens respect for binding commitments, inspires confidence in the rule of law and ensures fair treatment in the resolution of disputes arising over contractual rights and obligations. As of today, 159 States are parties to the New York Convention. This means that in most jurisdictions in the world, courts apply the Convention provisions and recognize the awards made abroad or made following the application of a foreign law. Such quasi-universal acceptance of the recognition and enforcement process brings legal certainty to the business operations worldwide. It is also a demonstration of a strong commitment to the rule of law. Thanks to the New York Convention, arbitration has become the primary method for solving disputes in international trade, and the commonly used method for countless disputes. We can only hope that the result of the intense work within UNCITRAL on mediation may lead to the exact same result: the universal recognition of mediation as a powerful tool to solve disputes. Source: Relevant excerpts of the referred speech Unity can only be manifested by the Binary. Unity itself and the idea of unity are already two. - Buddha

11 11 IMPORTANT DECISIONS ON ARBITRATION & CONCILIATION ACT Oriental Insurance Company Limited Vs. Narbheram Power and Steel Pvt. Ltd., [2018 (6) SCC 534]: If a particular dispute is excluded from arbitration under the agreement, the Court cannot include it. No equity can be applied in this regard by the Court. Arbitration Clause Interpretation of Disputes barred from reference to arbitration remedy of arbitration non-availability of, for such disputes as are not covered by the arbitration clause. Board of Control for Cricket in India Vs. Koche Cricket Private Limited & others). [2018 (6) SCC 287]. Sec: 36 & 34 (before and after amendment of S.36 in 2015) S.36 as amended in 2015, held, applies to pending S.34 applications even in arbitrations commenced prior to i.e., date of coming into force of Amendment Act, 2015, as S.36 is a procedural provision- Rule of automatic stay of operation of award on filing of S.34 application, even in absence of an order or stay/imposition of conditions by court as per unamended S.36, held is no longer applicable from Cheran Properties Limited Vs. Vs. Kasturi and Sons Limited & others Civil Appeal Nos /2017 by his Lordship Dr.D.Y. Chandrachud, J:- whether a non-signatory to an arbitration agreement is bound by the same or not, the Apex Court has held that in certain situations, an arbitration agreement between two or more parties may operate to bind other parties as well. Union of India Vs. Susaka Pvt. Ltd., 2018 (2) SCC 182 Sec.31 (7) (a) Challenge to award of interest for prereference period, pendent lite and post reference period waiver of, when may be inferred. if a plea is unavailable, whether on facts of law it has to be raised by the party at appropriate stage in accordance with law and if not raised or/and given up with consent the party would be precluded from raising such a plea at a later stage of the proceedings on the Principle of Waiver. Sundaram Finance Limited Vs. Abdul Samad 2018 (3) SCC 622 It was held that Sec.36 no longer has any application to Sec.42. It is further held that the enforcement of an award through its execution can be filed anywhere in the country where such decree can be executed and there is no requirement for obtaining transfer of the decree from the Court, which would have jurisdiction over the arbitral proceedings. Our ability to reach unity in diversity will be the beauty and the test of our civilization...mahatma Gandhi

12 12 NATURE OF DISPOSAL OF ARBITRATION CASES AT OUR CENTRE SINCE THE DATE OF INCEPTION CASES REFERRED FROM JANUARY TO JULY 2018 CASES DISPOSED FROM JANUARY TO JULY 2018 CASES DISPOSED FROM INCEPTION TILL

13 13 CURRENT PENDENCY REFERENCES FROM Referred case from Jan 2018 to July 2018 Disposals from January 2018 to July 2018 Month Referred Jan 19 Feb 21 Mar 16 Apr 21 May 0 Jun 18 Jul 21 TOTAL 116 Month Disposed Jan 13 Feb 8 Mar 19 Apr 15 May 16 Jun 10 Jul 5 Total 86

14 LIST OF ARBITRATORS EMPANELLED AT OUR CENTRE FORMER CHIEF JUSTICE OF INDIA Sri. Justice T.S.Thakur FORMER JUDGES, SUPREME COURT OF INDIA Sri Justice P Venkatarama Reddi Sri Justice Deepak Verma Sri Justice Shivaraj V. Patil Sri Justice V.Gopala Gowda Sri Justice Girish Thakorlal Nanavati Sri Justice Anil R Dave Sri Justice P.P Naolekar Sri Justice Anand Byrareddy Sri Justice Dilip Raosaheb Deshmukh Sri Justice A.N.Venugopala Gowda Sri Justice Ashok B. Hinchigeri Sri Justice K.N.Keshavanarayana Sri Justice Subhash B Adi Smt. Justice Rathnakala Sri Justice B.S.Patil Sri Justice B.Sreenivase Gowda Sri Justice Ajit J. Gunjal Sri Justice Ram Mohan Reddy Sri Justice R.B. Budihal 14 FORMER CHIEF JUSTICES OF HIGH COURT Sri Justice N K Sodhi Sri Justice N.K.Jain Smt. Justice Manjula Chellur FORMER ACTING CHIEF JUSTICES OF HIGH COURT Sri Justice B. Padmaraj Sri Justice K.Sreedhar Rao Sri Justice Jayant Patel FORMER HIGH COURT JUDGES Sri Justice B.N. Krishnan Sri Justice A.J. Sadashiva Sri Justice Chandrashekaraiah Sri Justice Mohammed Anwar Sri Justice M.P. Chinnappa Sri Justice R. Gururajan Sri Justice L. Sreenivasa Reddy Sri Justice V.Jagannathan Sri Justice A.M.Farooq Sri Justice Vegi Suri Appa Rao Sri Justice H.N.Nagamohan Das Sri Justice K.Ramanna Sri Justice C.R.Kumarswamy Dr. Justice N. Kumar Sri Justice S.R.Venkatesh Murthy RETIRED DISTRICT JUDGES Sri S.N.Kempagoudar Sri S.C. Ingalagi Sri T.Prabhakaran Nambiar Sri M.S.Natraja Murthy Sri. Basavantharaya Patil Sri M.S.Evani Sri Syed Nisar Ahmed Sri Sosale Indudhara Sri S.D.Parmaj Sri C.S.Malagi Sri H.M.Bharthesh Sri G.Raghavendra Rao Sri Javid Pasha Sri S. Rama Murthy Dr. S.B.N.Prakash Sri N.Narayan Sri I.S.Antin Sri. Kukkaje Ramakrishna Bhat Sri S.Siddalingesh Sri D. Krishnappa Sri V.N.Ravindra Sri H.V.Ramachandra Rao Sri Ashok L. Pujar Sri Rama Rao Kulkarni Sri M.K. Shripathi Sri S.H.Mittalkod Sri B.Yoginath

15 15 Sri Murari Ashok Parashuram Sri S.R.Sindgi Sri G.N.Sreekantaiah Sri D.S. Muttur Sri B.S. Reddy Sri Veeranna G. Tigadi Sri B. Shivalinge Gowda Sri K.M. Thammaiah Sri Pampapati Sri Prakash Kumar Sri. Choudapurkar Arun Sri N.S.Dafedar Sri T.Rajashekharaiah Sri Bhimappa G.Jattennavar Sri S S.Nagarale Sri Vishwanath V.Angadi Sri H.S. Ramanna Sri Suresh B Turamari Sri A.C.Vidyadhara Sri A.K.Mulla Sri S.N.Navalgund Sri J.S.Somashekara Sri S.M. Shivanagoudar Sri Narendra Kumar Gunaki Sri Chandrashekar Patil Sri H.R.Deshpande Smt. H.S.Kamala Sri.P.G.Nadagouda Sri Moosa Kunhi Nayarmoole Sri G.K.Gokale Sri Mohan S. Sankolli Sri S.R.Somashekhara Sri Narayan V Hegde Sri K.H. Mallappa Sri Solapurkar Ajit Narsinga Rao Sri N.N. Dharwadkar Sri Rajmohan Srivastava Sri R.B. Garasangi RETIRED SENIOR CIVIL JUDGES Sri S.G. Hiremath Sri S.S.Sarangamath TECHNICAL ARBITRATORS AND OTHERS Sri D.V. Nagabhushan Sri P.Periasami Dr.Wooday P.Krishna Sri S.M. Panchagatti Lt. Col (Retd) A.N. Karumbaiah Sri C.B. Chidambara Raj Sri S.Ramadas Sri M.Ramesh Naik Sri S.Parameswaran Sri K.G. Aswathanarayanaiah Sri A. Shrikantaswamy Sri Premachandra Sri Manoj Kumar Sri H.V.Eswaraiah Sri B.N.Chandrasekaraiah Sri M.Venkateswaralu Sri V.K.Mathur Sri Basavaraj Koti Sri M.B.Burji Dr.G. Ashwatha Narayana Sri Chethan Kumar R. Sri K.R.Ajaya Kumar Sri S. Vasudev Sri Pradeep Kumar S.M. Dr. (CA) Rajkumar S. Adukia Sri N. Aswathraj Sri G. Chandramouli Naik Sri R. Vykuntaiah Sri. O.P. Gaddhyan Sri Nataraj S. OTHERS Prof.Dr.V.Nagaraj Sri M. Nagarajan He who experiences the unity of life sees his own self in all beings, and all beings in his own self, and looks on everything with an impartial eye - Buddha

16 High Court of Karnataka, Principal Bench, Bengaluru High Courtof Karnataka Bench at Dharwad High Court of Karnataka Bench at Kalaburgi ARBITRATION & CONCILIATION CENTRE BENGALURU (Domestic & International) An Initiative of The High Court of Karnataka Race Course Road, Bengaluru Website : For Private Circulation Only