The webinar on the Construction Law Series was organised by the Centre of Excellence on ADR (CADR), Manav Rachna University and the Society of Construction Law-Young Leader’s Group (SCL-YLG). held on 20th March 2021, the panel for the webinar comprised of well-renowned names in the field of Construction Arbitration. The speakers for the event were:
Justice A K Sikri (International Judges at the Singapore International Commercial Court & former Judge at the Supreme Court of India)
Mr Nusrat Hassan (Co-Managing partner, Link Legal, Dual qualified Advocate & Solicitor – England & Wales, FCIArb)
Mr Anand Srivastava (Partner, Link Legal, admitter to practice in India & New York, accredited mediator with the New York Peace Institute)
Mr Mohan R Pillay (Head of Office, Pinsent Mason MPillay LLP, Charted Arbitrator, Sr. Accredited Specialist, Building & Construction Law)
Mr Ang Wee Jian (Partner, Pinsent Mason MPillay LLP, Charted Arbitrator, Accredited Specialist, Building & Construction Law)
Mr Kevin Nash (Deputy Registrar & Centre Director, Singapore International Arbitration Centre)
Mr Atul Sharma (Managing Partner, Link Legal)
The event was chaired by Mr Shashank Garg (Partner, Advani & Co) and Ms Padmaja Kaul (Partner, IndusLaw).
The speakers discussed the amendments in the Arbitration and Conciliation Act, 1996 (hereinafter, “the Act”) that have increased the efficiency of arbitration processes in India. While drawing reference to the red and orange list of the IBA guidelines, the speakers analysed the Fifth and Seventh Schedules of the Act. They deliberated on noteworthy judgements (such as the Ambala-Chandigarh process, and the case of Larsen & Toubro Ltd v M L Bhayan) that have transformed the field of Construction Arbitration in India.
In addition to discussing the domestic position, the speakers approached the topic from an international perspective. They addressed how Tribunal’s credibility and expertise become increasingly relevant in Construction Arbitration. They shed light on grounds of restraint in Singapore and UK, the ground of Unconscionability, and critically analysed the conventional approaches that tribunals take to merits hearings.
The entire discussion was supported with the use of international arbitral awards and case studies. The last segment of the webinar was a panel discussion, followed by a round of question – answers, with the members of the audience.