Arbitration Bar of India will provide human capital, promote diversity in arbitration and take it to small towns: Gaurab Banerjee


Gaurab Banerjee.

Gaurab Banerjee.

The Arbitration Bar of India (ABI) was inaugurated on Saturday at Bharat Mandapam, New Delhi.

External Affairs Minister Dr S Jaishankar, Railways, Communications and Electronics and Information Technology Minister Ashwini Vaishnu, Attorney General of India R Venkataramani, Solicitor General Tushar Mehta and ABI President Gaurab Banerjee were present on the occasion.

Speaking on the occasion, Banerjee said that India has made tremendous progress in the arbitration landscape and arbitration has been made time-bound and courts are less intrusive.

He said that the inauguration of ABI indicates the fruition of the idea of ​​establishing a dedicated arbitration bar.

“This is due to the efforts of many people on and off the dice,” They said.

He outlined the ABI's goals as promoting and enhancing diversity in arbitration.

“A major goal is diversity and equal opportunity in arbitration. We are committed to equality. Women are highly represented on our executive committee and officers. We have a special women's chapter. You will be hearing more about that soon. will.” They said.

He also said that a question that is often asked is why there is a need for another body for arbitration.

He answered the question by explaining what ABI is and what it proposes to do.

“We are not an institution but a bar. We are an all India organization and an association of individual arbitration practitioners – people who specialize in arbitration. We do not intend to take on (other arbitration) institutions. We We want to complement them by providing them with human capital. he explained.

On other goals of the ABI, he said,

“One of our goals is to promote excellence, professionalism, ethics and promote arbitration at the national and international levels. It is then to restrict arbitration to a select few and practice it. To expand the pool of qualified young mediators. The third is to share insights and set standards. They said.

Another goal of the ABI is to expand the pool of mediators and the pool of qualified young men and women who can take it.

He also said that the ABI will lead the next generation and influence policy reforms to make arbitration more effective.

Appropriately, he said ABI would not be a Delhi-based setup.

“We have a pan-India reach. Our advisors are from Mumbai, Chennai, Bengaluru and Kolkata. Our executive committee is geographically and gender diverse. We aim to reach out to towns and cities that are yet to be reached by recent developments in mediation. There is no benefit.” Banerjee added.

Banerjee also pointed out that long ago mediation used to be a part-time activity that was done comfortably after court hours.

He said that there will be multiple hearings and the arbitral award will be given after years and decades.

However, things have changed.

“Nowadays, I have young lawyers who want to make mediation a full-time career seeking advice and guidance.” Banerjee said.

He hoped that the establishment of ABI would be a big step in this direction.

Specifically on the importance of arbitration, he said that the efficiency of the dispute resolution process has a huge impact on the Indian economy and the global perception of doing business in India.

He referred to a paper by NITI Aayog which discussed steps to improve the arbitration landscape in India.

Among these measures, he proposed reorganization of the legislative, executive and judicial fronts.

“We have done very well there. As far as the legislative and administrative fronts are concerned, there has been massive change in the last six years and the Government of India has been very proactive.” They said.

In this regard, he referred to the amendments made in the Arbitration and Conciliation Act in 2015 and 2019 which gave impetus to arbitration.

“We have made two important amendments (in the Arbitration and Conciliation Act) – the 2015 and 2019 amendments. These amendments have ramifications for everyone. In particular, there is a provision to make arbitration time-bound. The government has made a huge impact.” They said.

Similarly, there has been a sea change as far as the courts are concerned.

“From perceived deterrence, the pendulum has swung in favor of arbitration. The Supreme Court has delivered several landmark decisions,” They said.

Highlighting the establishment of India International Arbitration Center (IIAC), he said that we have also made progress in terms of infrastructure.

However, he said that the most important factor is human capital and this is where ABI will play an important role.

“Having worked with the younger generation here and abroad, I have no hesitation in saying that our incoming lawyers are extremely talented and can compete with the best lawyers in the world. With a little help and a little help, Required.” They said.

Banerjee concluded her speech by thanking Attorney General R Venkataramani for his support.

“He's gone way beyond his role. You can't imagine the amount of interest he's charged.” Banerjee said.

He also thanked Solicitor General Tushar Mehta and Honorary President Justice Hemant Gupta.

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