Using the Complete ADR Toolkit for Shareholders’ Disputes
On 21st November, the International Arbitration and Mediation Centre (IAMC) Hyderabad in collaboration with Tempus Law Associates organized a Roundtable Discussion Session on “Using the Complete ADR Toolkit for Shareholders’ Disputes,” at IAMC Hyderabad.
Dr. V. R. Badrinath Nandula, Judicial Member of the NCLT, Hyderabad Bench, graced the occasion as the Chief Guest. The other distinguished speakers for the event included Mr. Donny Surtani, Barrister, Arbitrator and Mediator at Crown Office Chambers and Ms. Sundari R. Pisupati, Founder Partner at Tempus Law Associates.
The event was attended by retired judges, senior advocates, general counsels of top-notch companies of Telangana, Insolvency Professionals and other stakeholders.
Dr. Nandula emphasized the need for the use of mediation to resolve shareholder disputes effectively so as to lower the burden of cases on NCLT. He also discussed the benefits of mediation, highlighting its efficiency in saving time for both parties and Tribunals, along with its cost-effectiveness. He emphasized on the need of giving Institutional Mediation a push to resolve shareholder disputes.
Mr. Surtani stated that in mediation helps to restore the relationship between parties. He further stated that the best time to mediate is often after the framing of issues since parties become more aware and aligned with the core disputes involved in the case after issues have been framed objectively. He further enlightened the gathering that if the dispute is a nail, then adjudication which is like a ‘hammer’ should not be the only tool in the ADR toolkit, rather, arbitration, mediation, expert determination, a combination of arbitration and mediation can all be used to resolve disputes arising out of shareholder relationships.
Ms. Pisupati spoke on how settlement is not easy when the matter is a large stake one and foreign investors are involved in it or if there is a board of management that makes the decisions. Furthermore, she emphasized upon the need to amend or use institutional arbitration clauses rather than using ad-hoc arbitration clauses in agreements.
The event concluded with a networking dinner, providing attendees with an opportunity to exchange ideas and insights.