India on its Way to Become a Premier Destination for International Commercial Mediation: Justice Hima Kohli at India Mediation Weekend 2024

(Left to Right – Mr. Tariq Khan, Registrar, International Arbitration and Mediation Centre, Hyderabad; Hon’ble Mr. Justice R.V. Raveendran, Former Judge, Supreme Court of India;

Hon’ble Mr. Justice Ashok Bhushan, Chairperson of National Company Law Appellate Tribunal; Hon’ble Ms. Justice Hima Kohli, Judge, Supreme Court of India; Hon’ble The Chief Justice Alok Aradhe, High Court for the State of Telangana; Mr. George Lim SC, Chairman, Singapore International Mediation Centre; Mr. Sitesh Mukherjee, Senior Advocate)

The International Arbitration and Mediation Centre (IAMC), Hyderabad, organised the first-ever Mediation Weekend on July 20th-21st, 2024, at the Hyderabad International Convention Centre. This first-of-its-kind event, brought together leading mediation experts from across the globe. The gathering included judges, mediators, senior advocates, general counsels, law firm partners, industry leaders and members from the business and legal fraternity.

Following the welcome address by Mr. Tariq Khan, Registrar of IAMC Hyderabad, Mr. George Lim, SC, Chairman, Singapore International Mediation Centre, delivered the opening remarks for the Inaugural Session. While advocating for institutional mediation, Mr. Lim emphasised its importance by stating, “Institutional mediation ensures parity, which is why we should promote such institutions like IAMC.” He highlighted that last year, over 46 large companies committed to settling disputes via mediation in Singapore, including four top Indian companies and that a change in the dispute resolution landscape is coming to India soon.

Hon’ble Mr. Justice RV Raveendran, Former Judge of the Supreme Court of India, graced the Inaugural Session and voiced support for mediation as a highly effective method of resolving disputes.

The event was also graced by Hon’ble The Chief Justice Alok Aradhe, Chief Justice of the High Court for the State of Telangana. He addressed the gathering and stated that mediation had traditionally been avoided because the lack of standardized rules, seemed like insurmountable barriers. However, he highlighted that the Mediation Act of 2023 had effectively dismantled these barriers. He concluded with a poignant remark, asserting that mediation transcends mere dispute resolution—it serves as a platform for fostering harmony. Both Justice Aradhe and Justice Raveendran stressed the sustainability of mediation in resolving disputes involving state-owned entities, considering the government to be one of the largest litigants in India.

Hon’ble Mr. Justice Ashok Bhushan, Chairperson of the National Company Law Appellate Tribunal, gave his insights on how mediation cultivates trust and notably diminishes the stress linked with litigation. Highlighting distinctions between litigation and mediation, he noted that while litigation often encourages settlements, mediation delves deeper into the crux of issues to facilitate resolution. Justice Bhushan also advocated for the integration of mediation across different legal sectors, such as addressing disputes arising from the Insolvency and Banking Code, 2016.

Hon’ble Ms. Justice Hima Kohli, Judge of the Supreme Court of India, graced the occasion as the Chief Guest and delivering the keynote address, highlighted the longstanding history of mediation, dating back centuries. While outlining the benefits of making pre-litigation mediation mandatory, and drawing examples of its success in other countries, she elaborated the potential in India. Justice Kohli concluded by stating that “With a forward leaning legislative architecture, a committed judiciary, a talented set of legal professionals and solid institution underpinnings fortified by the Rule of Law, India is increasingly dismantling geographical boundaries.”

India Mediation Weekend 2024 witnessed the following panels that discussed elaborately on integrating mediation in various sectors.

The event featured a Technical Session on “The Use of Mediation Under The Insolvency and Bankruptcy Code, 2016”. Mr. Sitesh Mukherjee, Senior Advocate, moderated the session, while the panellists who shared their views during the session included Hon’ble Mr. Justice Ashok Bhushan, Chairperson of National Company Law Appellate Tribunal; Mr. S. Niranjan Reddy, Senior Advocate; Mr. A.J. Jawad, Senior Advocate and Senior Mediator-Trainer; and Mr. Vinay Bhatia, General Counsel, Greenko Group.

The second session witnessed an insightful Fireside Chat with Mr. George Lim, SC, on “International Trends in Mediation”. The session was moderated by Hon’ble Mr. Justice R.V. Raveendran, Former Judge, Supreme Court of India, and Mr. Vikram Pooserla, Senior Advocate, High Court for the State of Telangana.

This was followed by an interactive panel discussion on “International Commercial Transactions: The Potential of Mediation as a ‘Fresh Approach’” hosted by Raja and Tann Singapore LLP. The session was moderated by Mr. Kunal Vajani, Joint Managing Partner, Fox & Mandal. It witnessed discussions between Dr. V. R. Badrinath Nandula, Member, National Company Law Tribunal, Hyderabad Bench; Mr. Gregory Vijayendran, SC, Partner, Rajah & Tann Singapore LLP; Mr. Avinash Pradhan, Deputy Head, International Arbitration, Rajah and Tann Singapore LLP; Mr. Shujath Bin Ali, General Counsel & Chief Compliance Officer, Re Sustainability Ltd.

Hereafter, a panel discussion on “Mediation in ESG and Real Estate Disputes” was moderated by Mr. Tariq Khan, Registrar, International Arbitration and Mediation Centre (IAMC), Hyderabad. The speakers in this session included Dr. N. Satyanarayana IAS, Chairman, Telangana Real Estate Regulatory Authority (TG RERA); Ms. Nisha Bhambhani, Senior Mediator; and Ms. Mehak Oberoi, Legal Head/General Counsel for GE Vernova, Hydro Power – APAC.

The day concluded with a dynamic and engaging “Mock Mediation Session” hosted by one of the leading firms in India, Shardul Amarchand Mangaldas. The esteemed speakers for this Session included Mr. A.J. Jawad, Senior Mediator, who played the role of the Mediator, while Ms. Shruti Khanijow, Partner, Shardul Amarchand Mangaldas and Mr. Siddharth Jha, Counsel, Singapore International Mediation Centre, played the role of the parties to the dispute.

The second day of India Mediation Weekend, 2024 kicked off with a session hosted by ADR ODR International, UK, on the topic “The Role of Mediators in a Globalized World – Skills, Training, and International Recognition”. The speakers on this panel included Ms. Ruhi Thakkar, Operations Director, AOI India, ADR ODR International; Ms. Namita Shah, Co-founder, Presolv360; Ms. Fatima Balfaqeeh, Managing and Founding Partner, Balfaqeeh Advocates and Legal Consultants; and Ms. Shukla Wassan, Legal Consultant, Reliance Retail.The session was moderated by Mr. Rahim Shamji, Chief Executive & Founder, ADR ODR International.

Next in line was a session hosted by Shardul Amarchand Mangaldas on the topic “Mediation in Intellectual Property Disputes”. Speakers on this esteemed panel included Mr. Sai Devarajulu Prasad, Chairman, CII Telangana State Council; Mr. JP Sengh, Senior Advocate; Mr. Tejas Karia, Partner, Shardul Amarchand Mangaldas, and Ms. Chitra Narayanan, Senior Mediator. The session was moderated by Ms. Shruti Khanijow, Partner, Shardul Amarchand Mangaldas.

The Valedictory Ceremony welcomed distinguished guests such as Hon’ble Mr. Justice L. Nageswara Rao, Ms. Kelly Stricklin-Coutinho, and Mr. Duncan Turner. During the ceremony, Ms. Stricklin-Coutinho highlighted recent developments in mediation in the UK, while Mr. Duncan discussed advancements in mediation in South Africa. They commended India’s initiative in formalizing mediation procedures through the Mediation Act, 2023. Mr. Duncan emphasized the importance of mediators possessing a requisite level of discipline for the mediation process to gain credibility stating, “There needs to be a level of discipline that mediators must possess. If the process is to be credible, the first step is to make the mediators credible.”

The event concluded with a vote of thanks delivered by Ms. Nikshita Niranjan, Senior Associate Counsel, IAMC, Hyderabad.