Law College Dehradun, Faculty of Uttaranchal University, organized a National Webinar on the topic ‘International Commercial Arbitration or Mediation: A Choice Question’ on 20th June, 2020. Mr. Sameer Shah, a well-known International Arbitrator with over two decades of practice and a renowned name in the field of Arbitration, was invited as the Keynote Speaker. Mr. Shah, Arbitrator at Court of Arbitration for Art and Senior Partner at Trust Legal Advocates & Consultants, started his professional journey in the year 1994. Presently he is holding a number of designations like Director – Chartered Institute of Arbitrators (India Branch); Director – Hong Kong Zhiqing Trading Co. Ltd.; Fellow – World Mediation Organization; Secretary – Gujarat State Committee – Society of Construction Law (UK)- (India Branch) to mention a few.
The National Webinar, with over 220 active participants, began with the Welcome Address delivered by Prof. (Dr.) Rajesh Bahuguna, Vice Chancellor/Dean, Law College Dehradun, Uttaranchal University. Then the Speaker, Mr. Shah, addressing the theme of the topic, i.e., ‘choice’, explained the very concept in simpler terms putting forth examples from the current situation of the global pandemic. He then proceeded to his area of interest viz. dispute resolution. Making a clear distinction between a conflict and a dispute as disagreement between the parties and disagreement coupled with assertion of legal rights, respectively, he objectively identified the key issues that lead to a resolution. The event further moved with Mr. Shah distinctly explaining the developing concepts – Mediation and Arbitration – along with their pros and cons. He also focused on mediation taking place in various countries and clearly marked the mediation process a better avenue of dispute resolution in times when legal battles are increasing at a quicker pace than ever. He also listed out some factors that may lead to a persons’ choice between arbitration and mediation; to mention a few- 1) the actual purpose of the action, in other words, what one wants from the dispute resolving forum; 2) time and money; 3) the strength of the case and finally concluded with advising to take assistance of a legal practitioner to avoid confusion. He also put forth some real life situations where the out of court settlements worked as a better option in a legal battle. Towards the end of the session the Keynote Speaker cleared & answered the doubts & queries of the participants.
The audience included not only students but also academicians & eminent personalities from India and abroad who actively participated and discussed the nuances & intricacies of the topic. Common queries related to qualifications of an arbitrator/ mediator; changing processes of Alternate Dispute Resolution during the Covid-19 era, misconceptions regarding ADRs and the like. Mr. Shah concluded with the quote “Everything in life is a reflection of your choice”.
The informative webinar concluded with the Vote of Thanks delivered on behalf of the Organising Committee of Training & Recruitment Division, Law College Dehradun.
