NE LE ER: Centre For Alternati E Dispute Resolution Rgnul

CENTRE FOR ALTERNATI E DISPUTE
RESOLUTION RGNUL
I e 1 Vol me 1
December 2019
NE LE ER
NA IONAL NE
Ge o r mon hl do e of e er hing rela ed o ADR ha i
happening na ionall .
IN ERNA IONAL NE
Global rend , a ard , and a ple hora of rele an
informa ion.
E EN HELD IN HE
ORLD OF ADR
Sa pda ed abo recen e en .
PCOMING E EN
Ne er mi an e en rela ed o ADR.
RECEN P BLICA ION

Informa ion regarding he la e po on he CADR Blog.
Co t ct us t:
adrc@rgn l.ac.in
ISSUE 1 | VOLUME 1 | DECEMBER 2019
NEWSLETTER
CENTRE FOR ALTERNATIVE DISPUTES RESOLUTION (CADR)
ARBITRATION 2. THE HAGUE RULES FOR BUSINESS AND

INTERNATIONAL NEWS HUMAN RIGHTS ARBITRATION FINALLY
RELEASED ON 12 DECEMBER 2019.
1. EU INTERESTED IN A SEPARATE BILATERAL
INVESTMENT PROTECTION PACT WITH
The long-awaited Hague Rules follow years of
INDIA deliberation and aim to provide an effective
recourse to human rights disputes arising out
The European Union (EU), on the lines of
EU-Singapore model, will explore a bilateral of commercial relations with especial heed
being paid to the well-being of those bringing
investment protection agreement (BIPA) with
disputes against business enterprises and
India that would be delinked from the
ensuring parity. Much scrutiny will befall in the
proposed free trade agreement (FTA) where
days and months to come and the resultant
ongoing negotiations are in a state of limbo.
discussion will be interesting one which the
Read more
1
CADR Blog aims to follow and provide More accessible here.
discourse upon.
4. ISTAC INTRODUCES THE WORLD S FIRST
For more on the Hague Rules and its MED-ARB RULES
advantages, this brief primer by may be The Istanbul Arbitration Centre ("ISTAC"),
referred. one of Turkey's leading arbitration institutions,
introduced the ISTAC Mediation-Arbitration
3. ICC TASK FORCE ON ARBITRATION OF
CLIMATE CHANGE RELATED DISPUTES Rules ("Rules") regarding alternative dispute
RELEASED THEIR REPORT ON RESOLVING resolution on 15 November 2019 after
CLIMATE CHANGE RELATED DISPUTES
THROUGH ARBITRATION AND ADR ON 28 introducing the Arbitration and Mediation
NOVEMBER 2019. Rules on 26 October 2015. According to the
The report examines the role for Arbitration Rules, parties can conclude a Med-Arb
and ADR in the resolution of international agreement to resolve their disputes which have
disputes related to climate change. Climate arisen or which may arise in respect of a
change related disputes, for the purpose of this defined legal relationship between them at any
Report, require the existence of a valid and stage until the final settlement of a dispute.
binding agreement to arbitrate whereby parties More at - Read more

agree to resolve disputes relating to climate
5. COURT OF ARBITRATION FOR SPORTS
change. This report is the outcome of two years (CAS) UPHOLDS FOUR YEARS SANCTION ON
of o k of he a k fo ce on A bi a ion of STIRLEY JONES
Climate Change Related Di e c ea ed b Court of Arbitration for Sports (CAS) has
ICC Commission on Arbitration and ADR, upheld the four years sanction imposed on
with the support of the ICC Commission on Stirley Jones (athlete from California) by
Environment and Energy. This follows a American Arbitration Association (AAA). The
plethora of interest in the interplay of climate sanction was imposed in the case of Paralympic
change action and arbitration, particularly track and Stirley Jones when Jones tested
through releases such as the PCA Optional positive for Stanozolol.
Rules for Arbitration of Disputes Relating to
Read more
the Environment and/or Natural Resources
("PCA Environmental Rules") and the IBA
Climate Change Justice and Human Rights
Task Force's 2014 Report.
2
6. EX-TINDER EXEC S SEXUAL ASSAULT SUIT of awards in certain arbitrations as soon as they
SENT TO ARBITRATION
were challenged. (Case: Hindustan
The dispute between Tinder and its Ex- Construction Co. Ltd. v. Union of India2019
executive has been sent to arbitration. The SCC OnLine SC 1520)
Executive has alleged that the company fired For an understanding of the background and
her because she complained about sexual the judgment, this article by Padmaja Kaul et.
assault by the company's then CEO. A U.S al., of Indus Law may be of assistance.
District judge sent the dispute to arbitration
2. DELAY OF MORE THAN 120 DAYS IN FILING
while rejecting her argument that she was ARBITRATION APPEAL NOT LIABLE TO BE
tricked into signing an arbitration agreement. CONDONED: SC
Read more In N.V. International vs. State of Assam, an appeal

under section 37 of Arbitration and
7. RUSSIA TO APPEAL WADA DOPING BAN AT
Conciliation Act, 1996 was filed challenging an
COURT OF ARBITRATION FOR SPORT
order by district judge. There was a delay of
Russia has confirmed it will appeal the four- 189 days in filing the appeal. The Supreme
year doping sanctions set by the World Anti- Court dismissed the appeal while observing
Doping Agency (WADA). WADA banned the that delay of more than 120 days in filing
country earlier in December for having appeal under section 37 is not liable to be
provided it with doctored laboratory data. It condoned.
also barred Russia from hosting or bidding for Read more
major sporting events during that period.
3. SUPREME COURT SET ASIDE AN AWARD FOR
Read more BEING MUDDLED
The Bench comprising of Justices NV Ramana,

Mohan M. Shantanagoudar and Ajay Rastogi,
NATIONAL NEWS
was hearing an appeal filed inDyna Technologies
1. INDIAN SUPREME COURT STRUCK DOWN Pvt. Ltd. v. Crompton Greaves Ltd. 2019 SCC
AUTOMATIC STAYS
OnLine SC 1656in a 25-year-old dispute for
On 27 November 2019, the Supreme Court of payment of compensation for losses suffered
India struck down section 87 of the Arbitration due to unproductive use of certain
and Conciliation Act that had revived the machineries. A Madras High Court decision of
practice of automatically staying enforcement April 2007, which set aside the Arbitral
3
T ib nal a a d, a nde challenge in he of arbitration are compensation for delay in
appeal. Holding that the arbitral award was handing over of land, damages due to Change
gi en in a m ddled and conf ed fo m, he in Scope, loss incurred on account of extended
a e co e i a ide a nin elligible and stay in the project, delay in distribution of
ordered payment of ₹30 lakh as full and final grant/annuity payment, change in law,
settlement to Dyna within eight weeks. Section additional interest paid to lenders, interest on
31(3) of the Arbitration Act specifically delayed payments, non-achievement of project
mandates arbitrators to give clear reasons for milestones etc, he said.
arriving at their conclusions.
Read more
Read more
4. RELIANCE INFRASTRUCTURE WINS RS 1,250 MEDIATION

CRORE ARBITRATION AWARD AGAINST NATIONAL NEWS
DAMODAR VALLEY CORPORATION
6. MEDIATION TO BE INTRODUCED AS AN
Reliance Infrastructure won an arbitration ALTERNATIVE DISPUTE RESOLUTION
award of Rs 1,250 crore against Damodar MECHANISM IN CONSUMER MATTERS
Valley Corporation (DVC). The case pertains The Department of Consumer Affairs aims to
o DVC 1,200 mega a (m ) Ragh na h introduce Mediation as an alternate dispute
Thermal Power Project in West Bengal of resolution mechanism for settlement of
contract value of Rs 3,750 crore, where consumer matters in the form of the Consumer
Reliance Infrastructure was an engineering and Protection (Mediation) Rules, 2019.The draft
construction contractor. rules can be accessed here.
Read more
7. NAGOOR DARGAH MANAGEMENT DISPUTE
5. OVER 300 HIGHWAYS ARBITRATION CASES SOLVED THROUGH MEDIATION
WITH RS 78,653 CR CLAIMS ONGOING:
GADKARI The long pending dispute between trustees
over management of the famous Nagoor
Union minister Nitin Gadkari informed the
Dargah built over the tomb of Sufi saint Shahul
Lok Sabha that 318 arbitration cases are
Hameed in Tamil Nadu has finally been solved
ongoing with a claim amount of about Rs
through mediation.
78,653.00 crore in relation to disputes
regarding highway construction and Read more
maintenance. The main reasons of invocation
4
EVENTS ambitious initiative as is evinced here and
we look forwa d o he ADR comm ni
1. CADR, RGNUL TO ORGANIZE THE 2ND
RGNUL – PACT SPORTS AND indulgence, acceptance and inputs to help us
ENTERTAINMENT LAW MEDIATION grow. Submissions are open to all students,
COMPETITION, 2020 ON 6 – 8 MARCH, 2020
professionals, academicians et. al. - and may be
We at CADR are ecstatic to announce the submitted in accordance with the submission
second edition of the competition which guidelines. We look forward to hearing from
received great reviews in its inaugural edition. you!
We partner again with the good folks at
Peacekeeping and Conflict Resolution 3. SAMA ADR CASE MANAGEMENT
WORKSHOP ON 7 JANUARY 2020
Team (PACT) to provide a platform to
explore the various opportunities available in SAMA (formerly ODR ways) is set to organize
the ADR field in India and create a networking the closing ceremony of the Indian
platform for young professionals. For more Mediation Week in Mumbai along with the
details, follow us on LinkedIn and other social aforementioned workshop at International
media platforms. Links appended at the end of Convention Hall, Bombay Stock Exchange on
this newsletter! 7 January 2020.
2. CADR, RGNUL LAUNCHES ITS BLOG 4. 12TH ANNUAL INTERNATIONAL

CONFERENCE ON ARBITRATION BY NANI
In November 2019, we launched our Blog. An PALKHIVALA ARBITRATION CENTRE ON 15
initiative that has been in the works for quite FEBRUARY 2020
some time, the CADR Blog is a space where NPAC to host the 12th Annual Conference on
we hope to add value to existing literature on Re-In en ing A bi a ion: Wa and Mean
ADR. With a focus on the practical aspects of on February 15, 2020 at Shangri-La Eros
ADR, the Blog will also address topics that Hotel, 19, Ashoka Road, Connaught Place,
affect professionals in the field. This is an New Delhi
CONTACT DETAILS:
EMAIL US AND SUBSCRIBE TO THE NEWSLETTER: [email protected]
SUBMIT ARTICLES: [email protected]
FOLLOW US:
INSTAGRAM TWITTER BLOG
FACEBOOK LINKEDIN
5
CADR NEWSLETTER TEAM –
MEGHNA MITTAL – ADITYA MATHUR – CONTENT ARJUN GOYAL – DESIGN

PERMANENT MANAGING EDITOR EDITOR
EDITOR (PME) NIKITA AGGARWAL – ANOORAG NAYAK – DESIGN
MOHIT DANG – CONTENT CONTENT EDITOR EDITOR
EDITOR
CADR TEAM –
UDAY AGNIHOTRI CO- ARJUN GAUR – HEAD SONALIKA AHUJA – HEAD

CONVENOR (EVENTS/COMPETITION) (OUTREACH)
RAGHAV MUDGAL – CO- SHREETAMA GHOSH – HEAD MOHIT DANG – HEAD
CONVENOR (EVENTS/COMPETITION) (RESEARCH)
PARAS JAIN NIKITA AGGARWAL NAMAN ANAND

RITESH KUMAR SINGH ADITYA MATHUR ANANYA SINGH
MEGHNA MITTAL NAKASHVIR SINGH AULAKH JOTSAROOP SINGH
SAMIKSHA SHARMA ARJUN GOYAL SARU SHARMA
AARVI SINGH ROHIT GURU AASTHA CHAWLA
SAHASTRANSHU SURABHI CHAUDHARY KOHSHEEN SARAF
RISHAV DEVRANI ANOORAG NAYAK
JANNAT DEEP SEERAT GILL

NE LE ER: Centre For Alternati E Dispute Resolution Rgnul

Uploaded by

Copyright:

Available Formats

NE LE ER: Centre For Alternati E Dispute Resolution Rgnul

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

NE LE ER: Centre For Alternati E Dispute Resolution Rgnul

Uploaded by

Copyright:

Available Formats

CENTRE FOR ALTERNATI E DISPUTE

RECEN P BLICA ION

ARBITRATION 2. THE HAGUE RULES FOR BUSINESS AND

binding agreement to arbitrate whereby parties More at - Read more

Read more In N.V. International vs. State of Assam, an appeal

The Bench comprising of Justices NV Ramana,

4. RELIANCE INFRASTRUCTURE WINS RS 1,250 MEDIATION

maintenance. The main reasons of invocation

details, follow us on LinkedIn and other social aforementioned workshop at International

this newsletter! 7 January 2020.

2. CADR, RGNUL LAUNCHES ITS BLOG 4. 12TH ANNUAL INTERNATIONAL

MEGHNA MITTAL – ADITYA MATHUR – CONTENT ARJUN GOYAL – DESIGN

UDAY AGNIHOTRI CO- ARJUN GAUR – HEAD SONALIKA AHUJA – HEAD

PARAS JAIN NIKITA AGGARWAL NAMAN ANAND

You might also like