WHY ALTERNATIVE DISPUTE RESOLUTION (ADR)?

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1 WHY ALTERNATIVE DISPUTE RESOLUTION (ADR)? BACKGROUND FOR SETTING UP OF ICADR B.S. Saluja Secretary - General The justice dispensation system is facing challenge of delay in the disposal of cases in courts. However hard the Judges may strive, still the delays in reaching a finality in dispute resolution have become inevitable. The litigating public are compelled to live with these delays and this is leading to frustration, loss of faith amongst the disputants and eventually to emergence of unethical, unsocial practices in society. Be it at the lowest level in the hierarchy of courts or the High Courts or the Tribunals which are specially constituted under various enactments to deliver definitive judgments much faster in a summary way, all have fallen prey to these procedural delays. There is dissatisfaction all around. If we seek reasons for these delays, we end up blaming one or the other of the role players in the justice dispensation system, but on a deeper analysis it is the collective responsibility of all concerned who are contributing towards the delays in getting justice. In a Conference held in New Delhi on 4th December, 1993 under the Chairmanship of the then Prime Minister of India and presided over by the Chief Justice of India, the following Resolution was adopted :- 'The Chief Ministers and Chief Justices were of the opinion that Courts were not in a position to bear the entire burden of justice system and that a number of disputes lent themselves to resolution by alternative modes such as arbitration, mediation and negotiation. They emphasised the desirability of disputants taking advantage of alternative dispute resolution which provided procedural flexibility, saved valuable time and money and avoided the stress of a conventional trial. The problem of delay in justice and backlog of cases has come up for consideration in the successive Conferences of the Chief Ministers and the Chief Justices of High Courts. The then Chief Justice of India, Hon'ble Mr. Justice R.C. Lahoti, during the course of his address at the Conference held on 18th September, 2004 observed that :- 'The philosophy of Alternate Dispute Resolution systems is well-stated by Abraham Lincoln: discourage litigation, persuade your neighbours to compromise whenever you can. Point out to them how the normal winner is often a loser in fees, expense, cost and time. Litigation does not always lead to a satisfactory result. It is expensive in terms of time and money. A case won or lost in court of law does not change the mindset of the litigants who continue to be adversaries and go on fighting in appeals after appeals. Alternate Dispute Resolution systems enable the change in mental approach of the parties' In a Conference on ADR Conciliation and Mediation organised by the ICADR in Mumbai on 20th November, 2004, the then Chief Justice of India Hon'ble Mr. Justice R.C. Lahoti, in his inaugural address observed that :- Experience the world over tells us that adversarial litigation is not the only means of resolving disputes. What Gandhiji wrote over a hundred years ago still rings true. He said, I had learnt the true practice of law. I had learnt to find out the better side of human nature and to enter men's hearts. I realized that the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby not even money, certainly not my soul. 1

2 Congestion in courts, lack of adequate manpower and resources and the consequent delay, cost, rigidity of procedure and lack of participatory roles, also spawns the need to look at better options, approaches and avenues. Alternative dispute resolution methodologies with a positive framework point to one such option. The globalisation of economy and the complexities of modern commercial transactions demand speedy and effective mechanism for resolving domestic as well as international disputes in the interest of smooth flow of trade and commerce and consequently the progress of peace and prosperity in society. The thought prevailing around the world is for the development of alternative dispute resolution systems, also called as non-judicial ways of dispute resolution such as arbitration, mediation, conciliation, negotiation and so on. At the time of inauguration of the International Conferences on Alternative Dispute Resolution held on 10th February, 2007, 29th March, 2008, 14th February, 2009, 12th December, 2009, 8th January, 2011 and 21st January, 2012, Mr. Justice K.G. Balakrishnan, the then Chief Justice of India, Hon'ble Dr. M. Veerappa Moily, the then Union Minister for Law and Justice and Hon'ble Mr. Justice Dalveer Bhandari, the then Judge, Supreme Court, echoed the above mentioned sentiments and stressed upon the need for adoption of ADR modes for settlement of commercial and other disputes. They mentioned that Mediation and Arbitration play a pivotal role in ensuring speedy disposal of such disputes in a convenient manner, while ensuring that the Rule of Law is preserved. Hon ble Mr. Justice P. Sathasivam presently Chief Justice of India has also advocated that there is a need to embrace Mediation in a big way. He has mentioned in an Article that there is need for an effective Mediation at the pre-litigation stage itself which will save time of courts as well as litigants. He feels that setting up of Community Mediation Centres at District Level with a view to mediate all disputes will bring about a profound change in the Indian Legal System and that it will bring justice to the doorsteps of the people, as assured by our Constitution. It will also help in preserving relationships by avoiding embarrassment of being hauled into court and by giving people the opportunity to articulate their concerns. He feels that Community Mediation could be invoked in handling either small or protracted conflicts within families, organisations or neighbourhoods and that mediation provides a platform for the people within their locality to settle their disputes devoid of formal procedures. ESTABLISHMENT OF ICADR In view of the above mentioned background and at the initiative of some of the leading legal luminaries, the International Centre for Alternative Dispute Resolution (ICADR) was established and registered as a Society under the Societies Registration Act, 1860 for the promotion and development of ADR facilities and techniques to facilitate early resolution of disputes and to reduce the increasing burden of arrears in Courts. The ICADR is an autonomous organisation working under the aegis of the Ministry of Law and Justice, Government of India, with its Headquarters at New Delhi and Regional Centres at Hyderabad and Bengaluru. It was inaugurated by the then Prime Minister of India at New Delhi on October 6, The Chief Justice of India is its Patron. The objectives of the ICADR, inter alia, are as follows: 1. To promote studies in the field of alternative dispute resolution (ADR) and allied matters, and to promote reform in the system of settlement of disputes. 2. To undertake teaching and to provide for diffusion of knowledge of law and procedures on ADR and related matters and to award diplomas, certificates and other academic or professional distinction. 3. To impart training in ADR and related matters to those who are handling arbitration, conciliation and mediation; 4. To promote research and documentation in the field of ADR and publish books, periodicals, reports and other literature covering ADR; 5. To organize conferences, seminars and study groups on issues concerning ADR; 2

3 6. To provide facilities and administrative and other support services for holding conciliation, mediation, mini-trial and arbitration proceedings; 7. To maintain panels of appropriate persons competent and qualified to serve as arbitrators, conciliators and mediators, or willing to serve in any other specialist capacity such as experts, surveyors and investigators; 8. To cooperate with other societies, institutions and organizations, national or international, in the pursuit of all or any of the above objectives; 9. To constitute Regional Centres at convenient places in India and abroad to promote the activities of the Society; 10. To draw up and prescribe rules of the Society for different modes of ADR. 11. To provide facilities to International Institutions, including the PCA having similar objectives with a view to enable such international institutions to discharge their functions in collaboration, cooperation and support of the ICADR; 12. To participate as Observer in the Meetings/Conferences organised by UNCITRAL or as member or delegate in other International Institutions with a view to keeping abreast of international developments in the field of ADR. ENACTMENT OF ARBITRATION & CONCILIATION ACT, 1996 In the wake of globalisation of markets and liberalisation of our economy, it became necessary for the Government of India to enact a new legislation based on UNCITRAL Model Law on International Commercial Arbitration and UNCITRAL Conciliation Rules to provide for arbitral procedure which is fair, efficient, and capable of meeting the needs of international business community. This is how the Arbitration and Conciliation Act, 1996, came into existence. The said Act makes significant changes in the entire process of arbitration, right from the time of the appointment of Arbitrators till the completion of the process of arbitration. The supervisory role of the court is reduced to a minimum and once the process of arbitration commences the intervention by the court can be only after the arbitral award is made. The grounds for challenging an arbitral award are precise and specific. The arbitral award has been given the same status and force as that of a court decree under the Code of Civil Procedure, Several cases were filed in courts with regard to the interpretation of some of the provisions of the Arbitration and Conciliation Act, The High Courts and the Supreme Court consistently upheld the provisions of the said Act. In the light of experience gained in the working of the 1996 Act and the observations made by the Supreme Court in various cases the Government of India is currently envisaging further amendments in the said Act. The Code of Civil Procedure, 1908 has also been amended by inserting several new provisions all of them aimed to reduce the delays in court litigation. Section 89 has been inserted into CPC under which an obligation is placed upon the courts to try ADR methods before the cases are taken up for trial. The constitutional validity of this amendment to CPC was challenged and the Supreme Court while upholding the constitutional validity of Section 89 observed, inter alia, by its Judgement dated 25th October, 2002 in Salem Advocate Bar Association, Tamil Nadu vs. Union of India that - keeping in mind the laws delays and limited number of Judges which are available it has now become imperative that resort should be had to Alternative Dispute Resolution mechanism with a view to bring to an end litigation between the parties at an early date. MEDIATION/CONCILIATION There is now a growing shift the world over to Mediation/Conciliation which unlike arbitration and court trials does not involve a determination of issues by a third party. A Mediator/Conciliator is a neutral third party appointed with the mutual consent of the disputants to facilitate a negotiated settlement of the dispute. Today Mediation/Conciliation is the most rapidly growing form of ADR in India. Various High Courts have set up Mediation Centres at High Court and District Court levels, where cases are being settled through Mediation process under section 3

4 89 of the Code of Civil Procedure, It is being actively utilised in almost every conceivable type of dispute resolution and comes in various forms. The process has also been effectively adapted in certain countries like U.S.A. for multiple party dispute resolution with tremendous success. On average the success rates of mediation processes range in U.S.A. from 80% to 85%. Under the Arbitration and Conciliation Act, 1996 a Settlement Agreement arrived at among the disputants has the same status and effect as if it is an arbitral award on agreed terms and it is final and binding on them. These alternative dispute resolution methods are not new to India and have been in existence in some form or the other in the olden days. It is only now that there is world-wide acceptance and statutory recognition for such procedures to facilitate early settlement of disputes on agreed terms. In addition to the more commonly known methods of alternative dispute resolution such as Arbitration, Mediation/Conciliation, there are several other methods devised and perfected in developed countries on scientific lines, to resolve disputes without having to resort to traditional court litigation. All these methods have become so popular among the parties in advanced countries, that the parties prefer these methods to court litigation in 9 out of 10 cases. It is due to this reason that court litigation in the developed countries is not as high as in India and the courts in those countries are in a position to take up more important cases bearing on national interests for adjudication. ADVANTAGES OF ADR One distinct advantage of ADR over traditional court proceedings is its procedural flexibility. It can be conducted in any manner to which the parties agree. It may be as casual as a discussion around a conference table or as structured as a private court trial. Also unlike the courts, the parties have the freedom to choose the applicable law, a neutral party to act as Arbitrator/Conciliator in their dispute, on such days and places convenient to them and also fix the fees payable to the neutral party. ADR being a private process offers confidentiality which is generally not available in court proceedings. While a court procedure results in a win-lose situation for the disputants, in an ADR process such as Mediation or Conciliation it is a win-win situation for the disputants because the solution to the dispute emerges with the consent of the parties. Lastly, as compared to court procedures, considerable time and money is saved in ADR procedures. BUILDING OF ICADR The ICADR has constructed its own building at New Delhi with excellent facilities for conducting arbitration, mediation/conciliation, etc. These facilities are of international standards and include Conference Halls, Arbitration Rooms, Chambers for Arbitrators, parties and their legal counsel, a well-stocked library etc. The first phase of the Administrative Block building consisting of basement, ground, first and second floors with floor area of about sq.ft. was inaugurated by the then Chief Justice of India Hon'ble Mr. Justice R.C. Lahoti on 29th August, The Foundation Stone Laying Ceremony for the construction of Phase II of ICADR's Headquarters Building took place on 21st May, 2010 at Plot No. 6, Vasant Kunj Institutional Area, New Delhi. The Foundation Stone was laid by Hon'ble Dr. M. Veerappa Moily, the then Union Minister for Law and Justice. H.E. Dr. H.R. Bhardwaj, Governor of Karnataka and Chairman, ICADR presided over the said Function. It was also attended by Shri T.K. Viswanathan, the then Advisor to Union Minister for Law and Justice, Mr. B. K. Chugh, Director-General C.P.W.D., Members of Governing Council of ICADR, Secretaries, Additional Secretaries and other Officers from Ministry of Law and Justice, Senior Advocates and persons from Legal fraternity. The proposed new building will consist of an Auditorium having 200 seats designed on the pattern of Vigyan Bhawan, a Convention Centre, arbitration rooms, mediation rooms with break-away rooms for separate meetings with both the parties. The new building of ICADR will provide a decent infrastructure having latest facilities like Video-conferencing, Transcription, etc., for holding not only domestic arbitration and mediation cases but also international commercial arbitration and mediation cases under one roof in New Delhi. REGIONAL CENTRES One of the main objectives of the ICADR is the dissemination of knowledge of the Alternative Dispute Resolution 4

5 (ADR) system and with this end in view, it was considered necessary to establish Regional Centres of ICADR in State Capitals. The ICADR has since established two Regional Centres, namely, at Hyderabad in Andhra Pradesh and Bengaluru in Karnataka, with the financial and other assistance of the concerned State Governments. It may be mentioned that Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice had made recommendations to the Department of Legal Affairs for making grant-in-aid to ICADR for setting up of Regional Centres of ICADR at Mumbai, Kolkata and Chennai. In this connection ICADR has approached Department of Legal Affairs for grant of Rs. 10 crores to establish two Regional Centres one each in Mumbai and Chennai. The Regional Centre of ICADR at Bengaluru which was inaugurated by the then Union Minister for Law and Justice, Shri K. Jana Krishnamurthi on 31st August, 2002 is functioning successfully from the premises of the Karnataka Judicial Academy. Efforts are being made by Bengaluru Regional Centre to get more additional corpus grant from the State Government of Karnataka. ACTIVITIES OF ICADR The ICADR is holding, from time to time, Seminars/Workshops for disseminating the knowledge for settlement of disputes outside the courts through arbitration, conciliation, mediation, etc. It has so far held about 110 Seminars/Workshops for training arbitrators and conciliators. From 1998 to 2013 about persons have been trained as Arbitrators/Conciliators in Delhi, Hyderabad, Bengaluru, Mumbai, Chennai, Jaipur and Chandigarh. It has also held Ten Conferences of international level in New Delhi, Chandigarh, Mumbai, Bengaluru and Chennai. 1) The First Conference on ADR was held in Hotel Intercontinental at New Delhi on 12th and 13th December, The Conference was inaugurated by Hon ble Dr. Justice A.S. Anand, the then Chief Justice of India. Rt. Hon ble The Lord Cooke of Thorndon KBE, of the House of Lords was especially invited to address the audience. On the occasion Rt. Hon ble the Lord Cooke of Thorndon delivered two special talks on 12th and 13th December, The Conference was attended by about 500 persons belonging to various professions including Lawyers, Chartered Accountants, Company Secretaries and Heads of the Public and Private Sector Undertakings. Hon ble Judges of the Supreme Court and Delhi High Court also attended the Conference. 2 ) The Second Conference on ADR was held on Saturday, 13th September, 2003 at Hotel Grand Intercontinental, Barakhamba Avenue, New Delhi. The Conference was inaugurated by Hon'ble Mr. Justice V.N. Khare, the then Chief Justice of India. The Conference was also addressed by the Hon'ble Chairman, ICADR, Dr. H.R. Bhardwaj the then Union Minister for Law and Justice and Hon'ble Mr. Justice. R.C. Lahoti the then Chief Justice of India, Hon'ble Mr. Y.K. Sabharwal, the then Judge, Supreme Court of India, and Hon'ble Mr. Justice M.B. Shah, former Judge Supreme Court of India. Rt. Hon. Lady Justice Mary Howarth Arden and Rt. Hon. Lord Justice Jonathan Hugh Mance, Lord Justices of Appeal, United Kingdom delivered Special Addresses in the Conference on Arbitration and the Courts and Confidentiality of Arbitrations respectively. The Conference was attended by about 700 persons, including delegates, sitting and former Judges of the Supreme Court and High Courts, Senior Officers of Government, Members of Income Tax Appellate Tribunal, Central Administrative Tribunal, Custom Excise and Services Tax Appellate Tribunal, MRTP and Law Commission of India. 3) The third Conference on ADR Conciliation and Mediation on 20th November, 2004 in Yashwantrao Chavan Pratishthan, Mumbai. The Conference was inaugurated by the then Chief Justice of India Hon ble Mr. Justice R.C. Lahoti. The Conference was presided by Hon ble Dr. H.R. Bhardwaj, the then Union Minister for Law and Justice and Chairman, ICADR. Hon ble Mr. Vilasrao Deshmukh, the then Chief Minister, Maharashtra and Hon ble Mr. K. Venkatapathy, the then Union Minister of State for Law and Justice, the then Chief Justice of Bombay High Court, Hon ble Mr. Justice Dalveer Bhandari, Hon ble Mr. Justice A.P. Shah and Dr. Justice D.Y. Chandrachud and other Judges of Bombay High Court were also present. The Conference was also attended by the then Supreme Court Judges Hon ble Mr. Justice B.P. Singh, Hon ble Mr. Justice S.B. Sinha, Hon ble Mr. Justice B.N. Srikrishna, Hon ble Mr. Justice A.K. Mathur. 5

6 Besides these, Hon ble Charles R. Breyer, Judge, U. S. District Court, Mr. Claude Stern, International Expert, ISDLS, California, His Excellency Mr. Francisco Da Camara Gomes Ambassador, Delegation of European Commission to India, Bhutan, Maldives, Nepal & Sri Lanka, Ms. Linda C. Cheatham, Director, American Consulate General, Mumbai, Mr. M.K. Sanghi, President, ASSOCHAM, Mr. L.A. Dsouza, Executive Director, Bombay Chamber of Commerce & Industry, Mr. P.N. Mogre, Secretary-General, Indian Merchant s Chamber, Mr. Kamal Meattle, former President, Indo-German Chamber and Indo- American Chamber were also present. The thrust of speeches made by the Hon ble Chief Justice of India, Hon ble Judges of the Supreme Court, Hon ble Minister for Law and Justice, Hon ble Chief Justice of Bombay High Court and other dignitaries was the need for adoption of ADR modes like Arbitration, Conciliation, Mediation, Negotiation, etc. for settlement of Commercial Disputes and other disputes outside the court system so as to lessen the burden of courts. This Conference was attended by a large number of people from various sections and was also well covered by various Newspapers. On this Occasion a Souvenir published by ICADR was also distributed free of cost. 4) The fourth International Level Conference on Alternative Dispute Resolution on 10th February, 2007 at Hotel Inter-Continental, The Grand, New Delhi. It was inaugurated by Hon ble Mr. Justice K.G. Balakrishnan, the then Chief Justice of India. The said Conference was attended by Rt. Hon. Baroness Hale of Richmond, DBE, PC, FBA Lord of Appeal in Ordinary, U.K. and Prof. (Dr.) Julian Farrand, QC, LLD, FCIArb. It was also attended by Hon ble Mr. Justice Arijit Pasayat, the then Judge, Supreme Court of India, Hon ble Mr. Justice Ashok Bhan, the then Judge, Supreme Court of India, Hon ble Mr. Montek Singh Ahluwalia, Deputy Chairman, Planning Commission, Mr. Milon K. Banerji, the then Attorney General for India, Mr. T.K. Vishwanathan, the then Union Law Secretary, Mr. K.K. Venugopal, Senior Advocate and Member of Governing Council, ICADR and other dignitaries. A Souvenir containing Articles on ADR by Hon ble Judges of Supreme Court, High Court of Delhi and other prominent Authors was brought out on this occasion and was distributed free of cost. The said Conference was a great success. 5) The fifth International Level Conference on Alternative Dispute Resolution in Hotel Le Meridien, Windsor Place, Janpath, New Delhi on 29th March, Hon ble Mr. Justice K.G. Balakrishnan, the then Chief Justice of India, Right Honourable Lord Nicholas Addison Phillips, Lord Chief Justice of England and Wales and Lady Phillips were the Chief Guests. It was also attended by Hon ble Mr. Justice Arijit Pasayat, the then Judge, Supreme Court of India, Hon ble Mr. K. Vekatapathy, the then Minister of State for Law and Justice, Milon K. Banerji, the then Attorney General for India, Mr. T.K. Viswanathan, the then Union Law Secretary and Member of Governing Council, ICADR, Dr. Syed I. Ahmed, Lead Counsel, The World Bank, Dr. Karl Mackie, Chief Executive Officer, CEDR, Hon ble Judges of Supreme Court, Delhi High Court, Karnataka High Court, Members of the Governing Council of ICADR, Members of ITAT and other Tribunals, Officers of Ministry of Law and Justice, World Bank and persons from the Legal Fraternity. A Souvenir published by ICADR on this occasion was distributed free of cost at the said Conference. The said Conference was a great success. 6) The sixth Conference on ADR Conciliation and Mediation on 14th February, 2009 at Hotel Taj, Chandigarh. The said Conference was inaugurated by Hon ble Mr. Justice K.G. Balakrishnan, the then Chief Justice of India. Hon ble Dr. H. R Bhardwaj, the then Union Minister for Law and Justice and Chairman, ICADR, Hon ble Mr. K. Venkatapathy, the then Minister of State for Law and Justice, Hon ble Mr. Justice Dalveer Bhandari, the then Judge, Supreme Court of India, Hon ble Mr. Justice D.K. Jain, Judge, Supreme Court of India, Hon ble Mr. Justice T.S. Thakur, the then Chief Justice, Punjab and Haryana High Court, Hon ble Mr. Justice Madan B. Lokur, the then Judge, Delhi High Court and presently Judge, Supreme Court of India, Mr. T.K. Viswanathan, the then Union Law Secretary, Mr. B.S. Saluja, Secretary- General, ICADR, were also present and addressed the Conference. It was also attended by various Judges of High Court of Punjab & Haryana, Governing Council Members of ICADR and other eminent personalities from the legal and Corporate sector. It was attended by about 500 participants from various walks of life. A Souvenir containing articles on ADR by various Judges was published and also distributed free of cost. The Conference was a great success. 6

7 7) The seventh Conference on ADR - Conciliation and Mediation on 12th December, 2009 at Hotel Le Meridien, Bengaluru. The said Conference was inaugurated by Hon'ble Mr. Justice K.G. Balakrishnan, the then Chief Justice of India. It was addressed by Hon'ble Dr. M. Veerappa Moily, the then Union Minister for Law and Justice, H.E. Dr. H.R. Bhardwaj, Governor of Karnataka and Chairman, ICADR, Hon'ble Dr. B.S. Yeddyurappa, the then Chief Minister, Karnataka, Hon'ble Mr. Justice Dalveer Bhandari, the then Judge, Supreme Court of India, Hon'ble Mr. Justice P. Sathasivam, the then Judge, Supreme Court of India and presently Chief Justice of India, Hon'ble Mr. Justice Madan B. Lokur, presently Judge, Supreme Court of India, Hon'ble Mr. Justice A.K. Sikri, presently Judge, Supreme Court of India, Hon'ble Mr. Justice Kailash Gambhir, Judge, Delhi High Court, Hon'ble Mr. Justice N. Kumar, Judge, High Court of Karnataka and Executive Chairman of Regional Centre, ICADR, Bengaluru, Mr. T.K. Viswanathan, the then Advisor to Union Law Minister and Member, Governing Council, ICADR, Hon'ble Mr. Ashok Harnahalli, Advocate-General, High Court of Karnataka and Member, Advisory Council of ICADR, Regional Centre, Bengaluru, Mr. Udaya Holla, Former Advocate-General, High Court of Karnataka, Dr. R. Venkata Rao, Vice Chancellor, National Law School of India University, Bengaluru and Member Advisory Council of ICADR, Regional Centre, Bengaluru, Mr. Ravi Singhania, Managing Partner, Singhania & Partner (Solicitor & Advocates), Mr. K.G. Raghavan, Senior Advocate, Dua Associates, Bengaluru, Mr. Naganand, Senior Advocate, Mr. S. Sukumar, Chartered Accountant & Member, Advisory Council of ICADR, Regional Centre, Bengaluru, Mr. Siddalingesh, Law Secretary to Government of Karnataka & Member Advisory Council of ICADR, Regional Centre, Bengaluru, Mr. Shiv Kumar, Partner Options INC. & Mediator. The said Conference was attended by more than 400 delegates consisting of Supreme Court Judges, High Court Judges from Delhi High Court and Karnataka High Court, District Judges, Civil Judges of Karnataka, Members of Governing Council of ICADR, Senior Advocates, Officers from PSUs and Private Sector and was a great success. 8) The eighth International Conference on ADR Conciliation and Mediation on 8th January, 2011 at Hotel Hyatt Regency, New Delhi, India. It was inaugurated by Hon'ble Dr. M. Veerappa Moily, the then Union Minister for Law and Justice. The Conference was attended by His Excellency Dr. H.R. Bhardwaj, Governor of Karnataka and Chairman, ICADR, Mr. Richard W. Naimark, Senior Vice President, American Arbitration Association, Hon'ble Mr. Justice Swatanter Kumar, Judge, the then Supreme Court of India, Mr. Justice Deepak Verma, the then Judge, Supreme Court of India, Hon'ble Mr. Justice Cyriac Joseph, the then Judge, Supreme Court of India, Hon'ble Mr. Justice Dalveer Bhandari, the then Judge, Supreme Court of India, Hon'ble Mr. Justice Madan B. Lokur, presently Judge, Supreme Court of India, Hon'ble Mr. Justice Dipak Misra, the then Chief Justice, Delhi High Court, Hon'ble Mr. Justice Kailash Gambhir, Judge, Delhi High Court, Hon'ble Mr. Justice A.K. Sikri, presently Judge, Supreme Court of India, Hon'ble Mr. Justice N. Kumar, Judge, High Court of Karnataka and Executive Chairman, ICADR Regional Centre, Bengaluru, Mr. Gourab Banerji, Additional Solicitor General of India and Member Governing Council, ICADR, Mr. T.K. Viswanathan, the then Secretary-General, Lok Sabha and Member, Governing Council, ICADR, Mr. A.S. Chandhiok, Additional Solicitor General of India, Mr. A.K. Ganguli, Sr. Advocate. Apart from these it was attended by Senior Jurists, representatives of Corporate World, Senior Advocates and other professionals. 9) The ninth International Conference on ADR - Conciliation and Mediation on 21st January, 2012 in Chennai. The said Conference was inaugurated by Hon'ble Mr. Justice Dalveer Bhandari, the then Judge, Supreme Court of India. It was attended by His Excellency Dr. H.R. Bhardwaj, presently Governor of Karnataka, and Chairman, ICADR, Hon'ble Mr. Justice P. Sathasivam, presently Chief Justice of India, Hon'ble Mr. Justice Madan B. Lokur, presently, Judge, Supreme Court of India, Hon'ble Mr. Justice M.Y. Eqbal, presently Judge, Supreme Court of India, Hon'ble Mr. Justice A.K. Sikri, presently Judge, Supreme Court of India, Hon'ble Mr. Justice N. Kumar, Judge, High Court of Karnataka and Executive Chairman, ICADR Regional Centre, Bengaluru, Hon'ble Mr. Justice Elipe Dharma Rao, the then Judge, Madras High Court, Hon'ble Mr. Justice V. Ramasubramaniam, Judge Madras High Court, Hon'ble Mr. Justice D. Murugesan, the then Judge, Madras High Court, Hon'ble Ms. Justice G. Rohini, Judge, Andhra Pradesh High Court, Mr. 7

8 I. Dolimov, Chairman, Association of Arbitration Courts of Uzbekistan (AACU), Mr. S. Fayazov, Deputy Chairman, AACU, Mr. I. Serzhanov, Deputy Chairman, AACU and Mr. K. Toshmatov, Deputy Chairman, AACU and Mr. B.S. Saluja, Secretary-General, ICADR. There were two working sessions in the said Conference. The first session was Chaired by Hon'ble Mr. Justice Elipe Dharma Rao, the then Judge, Madras High Court and Co-chaired by Hon'ble Mr. Justice V. Ramasubramaniam, Judge Madras High Court. The speakers of this session were Mr. K. Subramanian, Senior, Advocate & Former Advocate General, Madras High Court, Dr. Vinod Surana, Partner, Surana & Surana International Attorneys and Member, Governing Council, ICADR, Hon'ble Mr. Justice I.P. Vasishth (Retd.), Consultant, ICADR, Hon'ble Mr. Justice T.S. Doabia (Retd.), former Judge, J&K High Court a n d Special Invitee to the Governing Council, ICADR. The Second Session was chaired by Hon'ble Mr. Justice D. Murugesan, Judge, Madras High Court and Co-chaired by Hon'ble Ms. Justice G. Rohini, Judge, Andhra Pradesh High Court. The Speakers of this session were Mr. Suman Jyoti Khaitan, Advocate & Member, Governing Council, ICADR, Prof. Vijayakumar, Vice-Chancellor, Tamil Nadu Ambedkar Law University, Mr. S. Veeraraghavan, Senior Advocate & former Addl. Advocate General, Madras High Court and Member, Governing Council, ICADR. Vote of thanks was given by Mr. M. Krishnan, Advocate and Special Invitee to the Governing Council, ICADR. Mr. A. Navaneetha Krishnan, Advocate-General, Madras High Court also attended the said Conference. Apart from these, the Conference was attended by Governing Council Members of ICADR, Senior Jurists, representatives of Corporate World, Senior Advocates and other professionals. The said Conference was very successful, educative and useful for legal fraternity. 10) The tenth International Conference on ADR - Conciliation and Mediation on 19th January, 2013 in New Delhi. The said Conference was inaugurated by Hon'ble Mr. Justice Dalveer Bhandari, Judge, International Court of Justice. The said Conference was addressed by H.E. Dr. H.R. Bhardwaj, presently Governor of Karnataka and Chairman, ICADR, Rt. Hon'ble Mr. Justice Christopher Greenwood, Judge, International Court of Justice, Hon'ble Mr. Justice P. Sathasivam, presently Chief Justice of India, Hon'ble Mr. Justice S.S. Nijjar, Judge, Supreme Court of India, Hon'ble Mr. Justice Madan B. Lokur, Judge, Supreme Court of India, Hon'ble Mr. Justice A.K. Sikri, presently, Judge, Supreme Court of India, Hon'ble Mr. Justice N. Kumar, Judge, High Court of Karnataka and Executive Chairman, ICADR, Regional Centre, Bengaluru, Prof. (Dr.) Ranbir Singh, Vice-Chancellor, National Law University, New Delhi, Mr. Gourab Banerji, Additional Solicitor-General of India and Member Governing Council, ICADR and Mr. B. S. Saluja, Secretary-General, ICADR. There were two working sessions in the said Conference. The first session was Chaired by Hon'ble Mr. Justice N. Kumar, Judge, High Court of Karnataka and Executive Chairman, ICADR, Regional Centre, Bengaluru. The speakers of this session were Mr. S.K. Dholakia, Senior Advocate and Member, Governing Council, ICADR, Mr. A.K. Ganguli, Senior Advocate and Special Invitee to Governing Council, ICADR, Mr. Suman Jyoti Khaitan, Advocate and Member, Governing Council, ICADR, Mr. Rajendra S. Rathore, IFS Retd. and Member, Governing Council, ICADR and Mrs. Mandira Mitra, Advocate. The Second Session was Chaired by Hon'ble Mr. Justice Manmohan, Judge, Delhi High Court. The speakers of this session were Hon'ble Mr. Justice I. P. Vasishth (Retd.), Consultant, ICADR, Mr. Sunil Mahajan, Director, Construction Industry Arbitration Council, Mr, Ajay Thomas, Registrar, LCIA India and Mr. D. Sengupta, Addl. Director & Team Leader, Indian Council of Arbitration. Apart from these, the Conference was attended by Governing Council Members of ICADR, Senior Jurists, representatives of Corporate World, Senior Advocates and other professionals. The said Conference was very successful, educative and useful for legal fraternity. ICADR was invited to attend the International Conference on Legal Problems of Development of Arbitration and Mediation, International Practice organized by the Association of Arbitration Courts of Uzbekistan (AACU) on 10th October, 2012 at Tashkent. Mr. B.S. Saluja, Secretary-General, Mr. Justice I. P. Vasishth (Retd.), Consultant, ICADR and Mr. Rajendra Singh Rathore, (I.F.S.) Retd. and faculty member, ICADR represented ICADR and gave addresses on Legal Problems in the Field of Development of Arbitration and Mediation International Practice, Arbitration in India and Legal Problems in Development of Mediation- Indian Experience, respectively. The Conference was also addressed by Mr. 8

9 I. Dolimov, Chairman, Association of Arbitration Courts of Uzbekistan (AACU), Mr. I. Serjanov, Deputy Chairman, (AACU), Mr. S. Fayazov, Deputy Chairman, (AACU), Mr. Mavjuda Radjabova, Deputy Chairman of Senate of Oliy Majlis of the Republic of Uzbekistan, Mr. Aliya Yunusova, Deputy of the Legislative Chamber of Oliy Majlis of the Republic of Uzbekistan, Mr. Yashnar Xudoyberganov from Independent Institute of monitoring of development of civil society, Mr. Gennadiy Pampuha, President of European Arbitration Chamber (Belgium), Mr. N.G. Khaitan, President of Indian Council of Arbitration (India), Mr. Omonboy Okyulov, Professor of Professor of Tashkent State Law Institute, Mr. Marco Perrini, Italian Arbitration Association (Italy), Mr. Shamil Asyanov, Director of Legal Problems Research Centre, Mr. Theis Klauberg, Attorney at law (Latvia), Mr. Cosmin Vasile, Arbitration Court at Chamber of Commerce and Industry (Romania), Mr. Sergey Zykov, National Arbitration Chamber (Russia), Mr. Foziljon Otahonov, Chairman of International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Republic of Uzbekistan, Mr. Nazir Jurayev, Ministry of Justice of the Republic of Uzbekistan. ICADR Headquarters in collaboration with Centre for Effective Dispute Resolution (CEDR), conducted a programme for Training of Mediators in India from April to June, 2008 in its premises at Vasant Kunj, New Delhi. The said training programme was inaugurated by Hon'ble Shri P. Chidambaram, Union Finance Minister on 9th April, A hand Book on Arbitration, Mediation and other ADR Techniques, compiled by ICADR and Edited by Shri T.K.Viswanathan, the then Union Law Secretary was also released by Hon'ble Shri P. Chidambaram, Union Finance Minister at the said function. The said function was attended by Hon'ble Dr. H.R. Bhardwaj, the then Union Minister for Law and Justice and Chairman, ICADR, Shri T.K. Viswanathan, the then Union Law Secretary, Mr. James South, Director of Training, CEDR, U.K., other Faculty Members of CEDR and delegates at the Mediators Training programme. At the first stage of the said training programme two Foundation Courses were conducted from 9th 12th April, 2008 and 14th 17th April, 2008 wherein 60 candidates were trained as mediators. At the second stage out of these 60 trained mediators 24 candidates were selected for the Advance Course for Training of Mediators. This Advance Course was held from 12th 14th May, Thereafter at the third stage the Masters Trainer Course was held from 3rd 5th June, 2008, wherein 12 candidates selected out of 24 candidates who attended the Advance Course were given Training. In addition to these 12 candidates, 13 Additional District and Sessions Judges and one Advocate, nominated by the Mediation Committee of the Supreme Court, were also trained. The said Training Programmes were attended amongst others by Retired High Court Judges, Professors in Law, Law Officers of Corporates and Advocates from Delhi, Chandigarh and Hyderabad. At the end of the said programme for Training of Mediators, now 26 Master Trainers are available in India for giving further training in mediation. 9

10 One of the components of the Programme under the World Bank Grant was the Study Tours of leading Arbitration Centres in order to study the infrastructure and other facilities available in those Centres so that the infrastructure and facilities at the ICADR can be accordingly upgraded for attending to arbitration/mediation in international commercial disputes etc. ICADR, Head office also organized 3 Round Table Conferences on Strengthening ADR in India in collaboration with the World Bank on 25th June, 2008, 4th July, 2008 and 7th July, 2008 in New Delhi, Kolkata and Mumbai respectively. The said Conferences were inaugurated by Hon'ble Mr. Justice Dalveer Bhandari, the then Judge, Supreme Court of India, Hon'ble Mr. Justice Surinder Singh Nijjar, the then Chief Justice, Calcutta High Court and Hon'ble Mr. Justice Swatanter Kumar, the then Chief Justice, Bombay High Court. Under the said project of the World Bank, the Indian Law Institute was awarded the work of preparing a Report on ADR Status/Effectiveness Study. The final Report of the Indian Law Institute on this subject contains various suggestions/recommendations, e.g., creation of public awareness, training of arbitrators and mediators, further research on ADR, adoption of ADR as a part of formal education, conducing community mediations, establishing good rapport with Voluntary organisations/universities in spreading the message of ADR and evolving a Code of Conduct and Professional Ethics for arbitrators, mediators and other concerned persons. On the presentation and examination of the said Report, ICADR is preparing further plans for upgrading its services and implementation of the suggestions made by the Indian Law Institute. Similarly under the aforesaid project of the World Bank, ICADR had given to the Centre for Effective Dispute Resolution (CEDR), London, U.K. the work relating to preparation of Business Plan for development of ICADR and for conducting training of mediators in India. The Final Business Plan contains a number of suggestions for upgrading the services of ICADR so as to attract international arbitration cases and international mediation cases in India. The ICADR is making efforts, within its means, to generate public awareness about this Arbitration Centre and the need for settlement of commercial and other disputes through ADR modes like arbitration, conciliation, mediation, etc. ICADR also organized three National Conferences to discuss the Consultation Paper issued by Ministry of Law and Justice, containing the Proposed Amendments to the Arbitration and Conciliation Act, 1996 on 3rd July, 2010, 1st August, 2010 and 29th August, 2010 at Bengaluru, Mumbai and New Delhi respectively. The first two National Conferences were inaugurated by Hon'ble Dr. Veerappa Moily, the then Union Minister for Law and Justice and the third one was inaugurated by Hon'ble Mr. Salman Khurshid, the then Union Minister for Law and Justice and Minority Affairs. MEDIATION TRAINING PROGRAMMES 1. ICADR organised an Intensive Training Programme in Mediation for four days i.e. from 21st November to 24th November, 2008 in ICADR's office at Plot No. 6, Vasant Kunj Institutional Area, New Delhi. 35 students were trained by qualified Masters Trainers certified by Internationally renowned Institution CEDR. The said programme was inaugurated by Mr. T.K. Viswanathan, the then Law Secretary. One Sitting Judge of Madras High Court and three District and Sessions Judges from the State of Jharkhand were among the students. Certificates were distributed at the end of the training programme. 2. The ICADR organised the second Training Programme in Mediation in Mumbai from 13th 16th March, 2009 at Govt. Law College, Mumbai. 35 students were trained by qualified Masters Trainers including Mr. Justice I.P. Vasishth (Retd.), Consultant, ICADR. It was inaugurated by Hon'ble Mr. Justice R.S. Mohite, the then Judge, Bombay High Court. Hon'ble Mr. Justice Ashok Aggarwal, former Chief Justice of Madras High Court distributed the Certificates to the trainees. It was attended by the Secretary-General, ICADR. 3. ICADR, Headquarters organized four days Training Programme in Mediation from 23rd to 26th July, 2009 in Golden Jubliee Guest House of Panjab University, Chandigarh wherein 38 students were trained as Mediators. The said programme was inaugurated by Hon'ble Mr. Justice M.M. Kumar, the then Judge, Punjab and Haryana High Court and Chairman of High Court's Mediation and Conciliation Committee. 10

11 The inaugural session was attended by Hon'ble Mr. Justice Pritam Pal (Retd.), former President, State Consumer Commission, Chandigarh, Mr. H.S. Hooda, Advocate-General, Haryana, Dr. Anmol Rattan Siddhu, Asstt. Solicitor-General of India, Hon'ble Mr. Justice I.P. Vasishth, Consultant, ICADR, Mr. A.K. Bansal, Governing Council Member at Chandigarh and Mr. B.S. Saluja, Secretary-General, ICADR. The students were trained by qualified Masters Trainers certified by Internationally renowned Institution CEDR. At the end of training on 26th July, 2009 the participants were given Certificates by Hon'ble Mr. Justice J.S. Khehar, presently Judge, Supreme Court and Hon'ble Mr. Justice Mahesh Grover, Judge, Punjab & Haryana High Court. 4. ICADR, Headquarters organized four days Training Programme in Mediation from 21st to 24th November, 2009 in Hotel Deccan Plaza, Chennai. 37 students were trained by qualified Masters Trainers certified by Internationally renowned Institution CEDR. The said programme was inaugurated by Hon'ble Thiru. Justice Hemant Laxman Gokhale, the then Chief Justice, Madras High Court. It was attended by the Secretary-General, ICADR. 5. ICADR, Headquarters organized National Workshop on Mediation Training Programme for Intensive Training of Mediators at Jaipur from 25th 27th March, persons were trained as Mediators in the said programme. The said programme was inaugurated by the then Chief Justice of Rajasthan High Court, Hon'ble Mr. Justice Jagdish Bhalla. The Programme was also attended by Hon'ble Mr. Justice Ajay Rastogi, Judge, Rajasthan High Court, Hon'ble Mr. Justice R.S. Rathore, Judge, Rajasthan High Court, Mr. Justice M.N. Bhandari, Judge, Rajasthan High Court and Prof. Arun D. Sawant, former, Vice Chancellor of University of Rajasthan. 6. ICADR, Headquarters organized 3 days Training Programme in Mediation from 3rd 5th December, 2010 at Sydenham Institute of Management Studies Research and Entrepreneurship Education, Mumbai. 35 Senior Level Managers from leading Banks and Corporates were trained by qualified Masters Trainers of ICADR's Faculty certified by Internationally renowned Institution CEDR, U.K.. The said programme was inaugurated by Mr. P.K. Malhotra, former Member, Securities Appellate Tribunal and presently, Secretary (Legislative), Ministry of Law and Justice, and was also attended by Commodore R.K. Mehta, Judge Advocate, Headquarters Western Naval Command. It was attended by the Secretary-General, ICADR. 7. ICADR, Headquarters organized 3 days Training Programme in Mediation from 15th -17th April, 2011 in its office premises in Vasant Kunj, New Delhi. 34 students attended the said training programme and were trained by qualified Masters Trainers of ICADR's Faculty certified by Internationally renowned Institution CEDR, U.K. 8. ICADR, Headquarters organized 3 days Training Programme in Mediation from 27th -29th July, 2012 at Seminar Hall, Golden Jubilee Guest House, Near Sports Complex, Panjab University, Chandigarh. The said programme was inaugurated by Hon'ble Mr. Justice Jasbir Singh, the then Acting Chief Justice, High Court of Punjab and Haryana. The inaugural session was addressed by Mr. Kulbir Singh Dhaliwal, President Bar Association, High Court of Punjab and Haryana, Mr. Anmol Rattan Sidhu, Assistant Solicitor General of India and Member, Governing Council, ICADR, Mr. A. K. Bansal, Member, Governing Council, ICADR and Mr. B.S. Saluja, Secretary-General, ICADR. Mr. H. S. Hooda, Advocate-General, Haryana also attended and addressed the participants on 28th July, The training was provided by Mr. Justice I.P. Vasishth (Retd.), Consultant ICADR, Ms. Mandira Mitra and Mr. M.S. Doabia. These faculty members are ICADR's qualified Master Trainers certified by the Internationally renowned Institution viz. Centre for Effective Dispute Resolution (CEDR), London. 32 persons were trained in the said programme. The Certificates were distributed by Hon'ble Mr. Justice Pritam Pal Singh, Lokayukta, Haryana, and Mr. Ashok Aggarwal, Advocate-General, Punjab. 9. ICADR, Headquarters organized five days Intensive Training of Mediators Programme from 5th 8th June, 2013 and 20th July, 2013 at its premises in New Delhi. 27 students attended the said training programme. 11

12 Mr. B.S. Saluja, Secretary-General, ICADR apprised the students about the aims and objects of ICADR and the background of the training received by its Faculty as Master Trainers from Centre for Effective Dispute Resolution, U.K. under World Bank programme. The said programme was inaugurated by Mr. Justice I.P. Vasishth (Retd.), Consultant ICADR. The training was provided by ICADR's faculty members namely Mr. Justice I.P. Vasishth (Retd.), Consultant ICADR, Ms. Mandira Mitra, Mr. M.S. Doabia and Mr. Rajendra Singh Rathore, (I.F.S.) Retd. Certificates of participation were distributed to the students. ICADR, Headquarters is taking steps to get its Training Programme in Mediation recognized from Mediation and Conciliation Project Committee of Supreme Court. The said proposal has been forwarded to the said Mediation and Conciliation Project Committee. TRAINING PROGRAMMES ON ARBITRATION 1. ICADR, Headquarters organized first Training Programme on Contractual Disputes and Arbitration for GAIL Executives on 15th -16th November, 2010 at GAIL Premises, Noida. 19 Senior Officers of GAIL from different parts of the country participated in the said programme. 2. ICADR, Headquarters organized second Training Programme on Contractual Disputes and Arbitration for GAIL Executives on 4th 5th August, 2011 at GAIL Premises, Noida. It was attended by 27 officers of GAIL. 3. ICADR, Headquarters organized third Training Programme on Contractual Disputes and Arbitration for GAIL Executives on 24th and 25th November, 2011 at GAIL Premises, Noida. It was attended by 34 officers of GAIL. 4. ICADR, Headquarters organized fourth Training Programme on Contractual Disputes and Arbitration for GAIL Executives on 30th and 31st October, 2012 at GAIL Premises, Noida. It was attended by 19 officers of GAIL. 5. ICADR, Headquarters organized fifth Training Programme on Legal Aspects of Contract and Procurement for O and M and Marketing for GAIL Executives from 29th-31st January, 2013 at GAIL Premises, Noida. It was attended by 27 officers of GAIL. It is planned to organize such training programmes on arbitration for other PSUs in near future. DIPLOMA COURSES The ICADR is conducting P.G. Diploma Courses in Family Dispute Resolution and Alternative Dispute Resolution in collaboration with NALSAR University of Law, Hyderabad. From 2000 to 2012 about 1780 students have joined these courses and 1202 students have been awarded the Diplomas/Certificates in different presentation ceremonies. In 2013, so far 286 students have joined P.G. Diploma in ADR, P.G. Diploma in ADR (Proximate Education) P.G. Diploma in FDR (Proximate Education). The admission for PG Diploma in FDR is in progress. AGREEMENTS The ICADR has Cooperation Agreements with the following Foreign Organisations: (A) (B) (C) (D) (E) The Arbitration and Mediation Centre of the World Intellectual Property Organisation of Geneva. The Thai Arbitration Institute Bangkok The Korean Commercial Arbitration Board, Seoul, (Korea) The Chartered Institute of Arbitrators, London and The Association of Arbitration Courts of Uzbekistan. 12