IAMC Hyderabad hosts a debate and discussion on mandatory mediation preceding arbitration in commercial disputes

(Left to Right- Ms. Ekta Bahl, Partner, Samvad Partners; Mr. S. Ravi, Senior Advocate, High Court for the State of Telangana; Hon’ble Mrs. Justice Surepalli Nanda, Judge, High Court for the State of Telangana; Ms. Koh Swee Yen SC, Partner, WongPartnership LLP; Ms. Nikshita Niranjan, Senior Associate Counsel, International Arbitration and Mediation Centre, Hyderabad; Mr. Tariq Khan, Registrar, International Arbitration and Mediation Centre, Hyderabad)

On August 21, 2024, the International Arbitration and Mediation Centre (IAMC) Hyderabad organized a Roundtable Conference in collaboration with WongPartnership LLP, Singapore, and Samvad Partners, Hyderabad.

The event started with opening remarks delivered by Hon’ble Mrs. Justice Surepalli Nanda, Judge, High Court for the State of Telangana, who highlighted the benefits of mediation, the key provisions of the Mediation Act, 2023, and emphasized that access to justice must be integral to the rule of law. She further stated “International mediation has had a long and somewhat vexed gestation. But it has overcome various doubts and difficulties, and has now emerged as an essential tool for the resolution of cross-border disputes.”

It was followed by a debate on the motion, “This House Believes That Mandatory Mediation Should Precede Arbitration in Resolving Commercial Disputes.” The debate featured Ms. Koh Swee Yen SC, Partner at WongPartnership LLP, arguing in favor of the motion, and Mr. S. Ravi, Senior Advocate at the High Court for the State of Telangana, arguing against it. The debate was moderated by Ms. Ekta Bahl, Partner at Samvad Partners.

Mr. S. Ravi argued, “Voluntariness is the cornerstone of mediation. Mediation in India has been effective when parties voluntarily opt for it.” He further emphasized the need for trained mediators to ensure the success of mediation in commercial disputes. On the other hand, Ms. Koh Swee Yen SC stated, “Mediation helps figure out the invisible drivers of the dispute before resorting to adversarial mechanisms.” While highlighting the need for a mediation ecosystem, she emphasized that mandatory mediation prepares the parties for arbitration.

Before the commencement of the debate, a preliminary vote was taken to determine the audience’s stance. Following the debate and rebuttals, a second vote was held to assess the impact of the debate on the attendees’ views. The results showed a significant shift in the opinions of the attendees. Post the conclusion of the debate, a fruitful roundtable discussion was held.

The event was attended by general counsels, ADR practitioners, law firm partners, and senior advocates, including Mr. Venkat Reddy Donthi Reddy, Dr. Surepalli Prashanth, Mr. Vikram Pooserla, who shared their two cents and added value to the discussion.

The Registrar, Mr. Tariq Khan, thanked everyone for being a part of such an engaging and insightful discussion. This event marked a significant step forward in encouraging thought-provoking dialogue and awareness on mediation in the country.

This event was successfully conducted by IAMC, Hyderabad in collaboration with WongPartnership LLP, Singapore and Samvad Partners, Hyderabad.

WongPartnership LLP is headquartered in Singapore. It is one of the largest law firms in the country, with a strong presence across Asia in countries such as India, China, Myanmar, Thailand, and Vietnam. The firm is recognized for its exceptional client service and commitment to innovation in complex legal disputes.

Samvad Partners is a full-service law firm in India. Its offices are strategically located in Bengaluru, Chennai, Hyderabad, Mumbai, and New Delhi. With over 100 lawyers specializing in 18 diverse practice areas, the firm is consistently recognized as a leading law firm in the country.