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SESSION 12

The practice of International Arbitration- Perspectives of an Arbitrator

Speaker, Sameer Jain discussed the procedure for appointing an arbitrator. He talked about the interview process that the arbitrators had to go through and the steps to get appointed on a panel of any institution.

Then, he discussed Schedule V and Schedule VII of the Arbitration Act. He also addressed the issue of lack of representation of women as arbitrators, saying, “It is a harsh reality that must be addressed without a doubt. With changing time, there should be a gender inclusive panel.”

Further he discussed the general aspects of being an arbitrator, including the two documents that must be prepared for an easy conduct of the arbitration process: Terms of Reference and Procedural Order.

The speaker clarified that the need to provide disclosures can occur at any stage of the Arbitration proceedings. He suggested that the participants should always be vigilant as an Arbitrator. The discussion went onto the topic of Arbitration Intelligence, which the international community often uses to check the Arbitrator’s background and recommended keeping things extremely simple. The session concluded with the concept of Tribunal Secretaries that are the “Heroes behind the closed doors.”

Resource Person

Sameer Jain

Founder & Managing Partner, PSL Advocates and Solicitors