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ANNUAL REPORT

2008 – 2009





THE INTERNATIONAL CENTRE FOR ALTERNATIVE DISPUTE RESOLUTION

NEW DELHI
The International Centre for
Alternative Dispute Resolution

Plot No. 6, Vasant Kunj Institutional Area, Phase II, New Delhi - 110070

Tel No: 26139704, 26139706, 65931884, 65931886 Fax. No. 26139707


E-mail : icadr@nic.in, Website : http://icadr.ap.nic.in

(A Society registered under the Societies Registration Act, 1860

and working under the aegis of the Government of India

Ministry of Law & Justice, New Delhi)
^
PATRON

Chief Justice of India

CHAIRMAN

Dr. H.R. Bhardwaj, Former Union Minister for Law and Justice, Government of India and presently Governor of Karnataka

SECRETARY-GENERAL

Mr. B.S. Saluja, Former Member, Income-tax Appellate Tribunal, Ministry of Law & Justice

TREASURER

Mr. CH.G. Krishna Murthy, Former Member, Law Commission of India and Former President of Income-tax Appellate Tribunal


^
MEMBERS, GOVERNING COUNCIL

Mr. Praveen Agarwal, Advocate

Mr. M.S. Ahluwalia, Dy. Chairman, Planning Commission

Mr. Altaf Ahmad, Former Additional Solicitor General and Senior Advocate

Mr. Milon K. Banerji, Former Attorney General for India

Mr. Ashwinie Kumar Bansal, Advocate

Mr. Harish Chandra, Former D.G. (Works) CPWD

Mr. Sarvesh Chandra, Former Chairman, FERA Board

Mr. M. Chandrasekharan, Former Additional Solicitor General and Senior Advocate

Dr. K.N. Chaturvedi, Former Secretary, Legislative Department, M/o. Law and Justice

Mr. S.K. Chawla, Former Chief Engineer, CPWD

Mr. Suman Jyoti Khaitan, Advocate

Mr. Ch.G. Krishna Murthy, Former Member, Law Commission of India and Former President of ITAT

Dr. B.B.L. Madhukar, Former CMD, MMTC, Bombay

Mr. R.L. Meena, Former Vice-Chairman, Law Commission of India

Mr. A.D. Nagpaul, Advocate, Bombay High Court

Mr. Harish Narula, President (Corporate), Lupin Ltd.

Mr. T.S. Oberoi, Former Judicial Member, CAT

Mr. K. Parasaran, Former Attorney General for India and Senior Advocate

Dr. P.C. Rao, Member, International Tribunal for the Law of Sea

Mr. A.K. Rungta, Former President, FICCI

Mr.B.S. Saluja, Former Judicial Member, ITAT

Mr. M.S. Sekhon, Chartered Accountant

Mr. D.C. Singhania, Advocate

Mr. Ashok Sharma, Chief General Manager (Law), MMTC

Mr. M.M. Sharma, Director (Personnel) State Trading Corporation

Mr. O.P. Sharma, Member Law Commission, Advocate & Former Chairman, Bar Council of India

Mr. Vinod Surana, Partner, Surana & Surana International Attorneys

Mrs. Lakshmi Swaminathan, Former Vice-Chairperson, CAT

Mr. A.C.C. Unni, Former Judicial Member, CEGAT

Mr. K.K. Venugopal, Senior Advocate

Mr. T.K. Viswanathan, Law Secretary


^

REGIONAL CENTRES




HYDERABAD


10th Floor, Gagan Vihar Building, Opp. Gandhi Bhawan, M.J. Road,

Nampally, Hyderabad – 500001

Tel. No. : 91 040 24745165, 24731514. Tel. & Fax: 91 040 24745165

E-Mail: icadr_hyd@data1.in Website : www.icadr.ap.nic.in

^

ADVISORY COUNCIL




PATRON

Chief Justice, High Court of Andhra Pradesh


MEMBERS

Hon’ble Shri Justice G. Raghuram, Judge, High Court of Andhra Pradesh

Mr. D.V. Seetarama Murthy, Advocate General of Andhra Pradesh
Mr. V. Suri Apparao, Law Secretary, Government of Andhra Pradesh

Mr. G. Sudhir, IAS Principal Finance Secretary (R&E), Government of Andhra Pradesh

Mr. M. K. Rehman, Engineer-in-Chief, Irrigation & CAD Department, Government of Andhra Pradesh

Dr. Mullapudi Harischandra Prasad, Chairman and Managing Director, The Andhra Sugars Ltd.

Prof. V. Nageswara Rao, Osmania University, Hyderabad


BANGALORE

Karnataka Judicial Academy, Crescent Road,

Bangalore – 560001

Tel. No.: 080 22352663

Website: www.icadr.ap.nic.in

E-Mail.: icadr_bgr@dataone.in

^

ADVISORY COUNCIL




PATRON

Chief Justice, High Court of Karnataka


MEMBERS

Hon’ble Mr. Justice N. Kumar, Judge, High Court of Karnataka, Bangalore

Mr. Ashok Harnahalli, Advocate General of Karnataka

Mr. Siddalingesh, Law Secretary to Government of Karnataka

Mr M.R. Srinivasamurthy, Principal Finance Secretary, Government of Karnataka

Mr. T. Sukumar, Secretary to Government, PWD

Mr. Abdul Riaz Khan, Chairman, Karnataka State Bar Council

Mr. J. Crasta, President, Federation of Karnataka - Chambers of Commerce & Industry

Dr. A. Jaya Govind, Vice-Chancellor, National Law School of India University, Bangalore

Prof. Nagaraj V., Professor, National Law School of India University, Bangalore

Mr. R.N. Shetty, Businessman

Mr. K. Subba Rao, Chartered Accountant

Mr. S. Sukumar, Chartered Accountant






^ 1. ICADR - Introduction


The International Centre for Alternative Dispute Resolution (ICADR) was registered under the Societies Registration Act, 1860 on 31st May, 1995. It is an autonomous organisation working under the aegis of the Ministry of Law and Justice, Government of India, with its Headquarters at New Delhi and Regional Centres at Hyderabad and Bangalore. It has been established to promote, popularise and propagate alternative dispute resolution methods to facilitate early resolution of disputes and to reduce the burden of arrears in Courts. The objectives of the Society, inter alia, are as follows:


1. to promote studies in the field of alternative dispute resolution (ADR) and allied matters, and to promote reform in the system of settlement of disputes.


2. to undertake teaching and to provide for diffusion of knowledge of law and procedures on ADR and related matters and to award diplomas, certificates and other academic or professional distinction.


3. to impart training in ADR and related matters to those who are handling arbitration, conciliation and mediation;


4. to promote research and documentation in the field of ADR and publish books, periodicals, reports and other literature covering ADR;


5. to organize Conferences, seminars and study groups on issues concerning ADR;


6. to provide facilities and administrative and other support services for holding conciliation, mediation, mini-trial and arbitration proceedings;


7. to maintain panels of appropriate persons competent and qualified to serve as arbitrators, conciliators and mediators, or willing to serve in any other specialist capacity such as experts, surveyors and investigators;


8. to cooperate with other societies, institutions and organizations, national or international, in the pursuit of all or any of the above objectives;


9. to constitute Regional Centres at convenient places in India and abroad to promote the activities of the Society;


10. to draw up and prescribe rules of the Society for different modes of ADR.


The ICADR was inaugurated by the then Prime Minister of India on 6th October, 1995.


2. Organisational set up of the ICADR


1. The General Body of the Society - It is composed of all the Members of the Society.


2. The Governing Council of the Society - It is composed of the following:


(i) All the Foundation Members



  1. Two Members elected by the Corporate Members from amongst themselves.



  1. One Member elected by the Associate Members from amongst themselves.




  1. Five Members elected by the Life Members from amongst themselves.



  1. Five Members elected by the Ordinary Members from amongst themselves.


3. The Chairperson of the Society;


  1. The Secretary - General of the Society;




  1. The Secretary; and


6. Such other authorities as may be constituted by the Governing Council.



3. Sources of Finance


Sources of funds for the Centre are initial corpus grants from the Government of India/State Governments, public and institutional donations and grants from International organisations, Membership fees, administrative fees, etc.


^ 4. Rules and Bye-laws framed and adopted by ICADR


(a) The ICADR (Arbitration) Rules, 1996 (including provisions for Fast Track Arbitration)

(b) The ICADR (Conciliation) Rules, 1996

(c) The ICADR Mini-Trial Rules, 1996

(d) Rules and Regulations

(e) Financial Bye-laws

(f) Service Bye-laws

  1. Bye-laws for Regional Offices



5. Committees


For efficient functioning of the ICADR and wider participation of Members, the Governing Council of the ICADR has constituted the following Committees, namely:-


  1. Finance Committee

  2. Research Advisory Committee

  3. Appointment Committee

  4. Building Committee

  5. Empanelment of Arbitrators Committee

  6. Screening Committee for Membership

  7. Committee for drafting Annual Action plan of the ICADR

  8. Committee to consider suitable amendments in the Rules of the ICADR.


The Members of the Committees include judges, eminent lawyers, scholars, academicians, arbitrators, conciliators, etc. These Committees meet from time to time and provide necessary guidance to the ICADR in the discharge of its functions smoothly and efficiently.


6. Membership of ICADR


In terms of the Rules and Regulations, the ICADR has the following categories of the members and the number of members at present against each category are as under:-


1. Foundation Members 16(Sixteen)

2. Honorary Members 8 (Eight)

3. Corporate Members 5 (Five)

4. Associate Members (Annual) 3 (Three)

5. Life Members 209 (Two hundred and nine)

6. Ordinary Members (Annual) 55 (Fifty five)


7. Arbitration Cases


(i) The Centre at New Delhi has so far received thirty seven cases for arbitration and four cases for conciliation. The Arbitral Tribunals have disposed of twenty six arbitration cases and hearings in remaining eleven cases are in progress. As mentioned in the last year’s annual report the case between Rani Constructions Pvt Ltd and Government of Rajasthan, wherein ICADR had appointed Mr. Justice S.K. Kesote, Former Judge, High Court of Rajasthan, as Sole Arbitrator, has been disposed off. The above-mentioned 37 cases include two newly referred international commercial cases. One is between M/s. Motorola INC, Motorola India Pvt. Limited and Mahanagar Telephone Nigam Limited and second is between M/s. Fujitsu India Pvt. Ltd and M/s. Fujitsu Limited (Japan) and Mahanagar Telephone Nigam Limited. The Sole Arbitrators appointed for the said cases are Hon’ble Mr. Justice D.P. Wadhwa, Former Judge, Supreme Court of India and Hon’ble Mr. Justice R.C. Lahoti, Former Chief Justice of India, respectively. The hearing in the international level arbitration case between HRD Corporation, Marcus Oil Chemical Division, U.S.A. and Gas Authority of India Limited, India is being done by a Panel of three Former High Court Judges, namely, Mr. Justice J.K. Mehra, Mr. Justice N.N. Goswami and Mr. Justice Avad Behari Rohatgi. The hearing in the said case is at final stage. All four Conciliation Cases have been disposed off.


(ii) As mentioned in the last year’s Annual Report, ICADR was requested to administer the international commercial case between Ministry of Defence, Government of India and Denel (Proprietary Limited), South Africa, for the purpose of receipt of Arbitrator’s fees and their disbursement, etc. ICADR had opened an Escrow Account with the State Bank of Patiala, Shastri Bhawan, New Delhi in the names of the said parties which is being operated by the Secretary-General of International Centre for Alternative Dispute Resolution (ICADR).


ICADR continues to receive several requests from Departments of the Government of India for appointment of arbitrators in cases where Government of India is a party. The ICADR has been furnishing panels of arbitrators to the Government of India for appointment of arbitrators. Recently the Employees’ Provident Fund Organisation, Ministry of Labour, Government of India, requested ICADR to furnish the list of Conciliators/Mediators on ICADR’s Panel to enable them to select trained Conciliators/Mediators for their cases. Similarly Engineers India Limited (EIL) approached ICADR for a list of Arbitrators on ICADR’s Panel.


(iii) Arbitration Halls at the offices of the Centre at New Delhi and Hyderabad are being utilised frequently by the Government Departments, PSUs and Private parties for conduct of Arbitration Cases on payment of a nominal rental by the parties. Since October 2005, 270 hearings by different Ministries and other parties and 260 hearings by Arbitrators appointed by ICADR have taken place till date in ICADR’s new Headquarters building. Similarly 354 hearings by Arbitrators have taken place in Regional Office Hyderabad from its inception year till date.


(iv) During the period 1st April 2008 to 31st March, 2009, ICADR’s Regional Office at Hyderabad received from the Family Courts 5 cases for Conciliation wherein diploma holders of P.G.Diploma in Family Dispute Resolution were appointed as Conciliators. All the said cases have been disposed off and reports of completion have been submitted to the respective Family Courts


^ 8. Regional Centres


One of the main objectives of the ICADR is the dissemination of knowledge of the Alternative Dispute Resolution (ADR) system and with this end in view, it was considered necessary to establish Regional Centres of ICADR in State Capitals. The ICADR has since established two Regional Centres, namely, at Hyderabad in Andhra Pradesh and Bangalore in Karnataka, with the financial and other assistance of the concerned State Governments. Efforts are being made to establish another Centre in Mumbai.


The Regional Centre of ICADR at Bangalore which was established on 31st August, 2002 is functioning successfully from the premises of the Karnataka Judicial Academy. Efforts are being made by Bangalore Regional Centre to get more additional corpus grant from the State Government of Karnataka. The State Government is taking steps for the allotment of land for the construction of building for use of ICADR, Régional Centre, Bangalore. The said Building is expected to be of international standards for conducting Arbitrations, Conciliations and for holding Seminars/Workshops and training classes.


ICADR Regional Centre at Hyderabad has got additional corpus grant of Rs. 1 crore for the financial year 2009-10 from the Government of Andhra Pradesh. This brings the total of Corpus grant of Regional Centre Hyderabad to Rs. 7.75 crores.


9. Construction and Inauguration of the ICADR Headquarters Building


ICADR propose to construct additional buildings consisting of two Blocks containing a Convention Centre (including Auditorium and Business Centre) and Back-up Rooms. ICADR approached the Ministry of Law and Justice, Department of Legal Affairs, for a grant of Rs. 12.5 crores in that behalf and the Department of Legal Affairs has sanctioned the said grant-in-aid of Rs. 12.5 crores to ICADR vide their letter No. B-13017/4/2007 – Admn.III(LA) dated 12th January, 2009 for the said project. Out of the said grant-in-aid, ICADR has received Rs. 5 crores from the Ministry till date and the said amount of Rs. 5 crores has been paid to CPWD as advance for the construction of the said project. CPWD has started the work of inviting the tenders and as per the plans the work of awarding the tenders should end by month of September. Steps have been taken to get the earlier approved plans of DDA revalidated so that the further work of construction could be started.


As mentioned in last year’s Annual Report the Administrative Block Building of ICADR Headquarters has been completed.


The new building of ICADR’s is well equipped to provide the facilities of International standard for conducting arbitration, mediation/conciliation. The building has three Rooms for hearing Arbitration/Mediation cases, Waiting Lounge for Arbitrators/Mediators, Secretarial Assistance, Xerox and Fax facilities etc. The Rooms are well equipped with latest Public Address System to make the hearings easy and convenient and are available for hearing at nominal charges. Since October, 2005, 530 hearings have taken place in these rooms.


As mentioned in last year’s Report the portions of the Administrative Block Building of ICADR which were not required immediately, have been temporarily rented out on lease to facilitate the maintenance of the building and to also generate necessary funds for promotion of ADR activities by ICADR.


ICADR are making efforts to approach Heads of the Government Departments, Public Sector Undertakings, etc., and request them to include Arbitration/Conciliation Clauses of ICADR in the Agreements to be entered into by such Departments/PSUs with other parties so that in case of future disputes arising between them, the cases are referred to ICADR for settlement.


^ 10. Seminars/ Workshops/Training Programmes/Lectures/Diplomas Courses


The ICADR took part in the following activities and organised the following further Seminars/Workshops/Training Programmes/Lectures/Diploma Courses during the year:-


(1) The ICADR Headquarters organized several Training Progammes/Workshops after 31-3-2008 under the Project “Strengthening ADR in India” for which Grant of US$ 4.8 lakhs was received from the World Bank. The details of such activities are as follows :

(i) ICADR Headquarters in collaboration with Centre for Effective Dispute Resolution (CEDR), conducted a programme for Training of Mediators in India from April to June, 2008 in its premises at Vasant Kunj, New Delhi. The said training programme was inaugurated by Hon’ble Shri P. Chidambaram, then Union Finance Minister on 9th April, 2008. A hand Book on Arbitration, Mediation and other ADR Techniques, compiled by ICADR and Edited by Shri T.K. Viswanathan, Union Law Secretary was also released by Hon’ble Shri P. Chidambaram, at the said function. The said function was attended by Hon’ble Dr. H.R. Bhardwaj, the then Union Minister for Law and Justice and Chairman, ICADR, Shri T.K. Viswanathan, Union Law Secretary, Mr. James South, Director of Training, CEDR, U.K., other Faculty Members of CEDR and delegates at the Mediators Training programme.


At the first stage of the said training programme two Foundation Courses were conducted from 9th – 12th April, 2008 and 14th – 17th April, 2008 wherein 60 candidates were trained as mediators. At the second stage out of these 60 trained mediators 24 candidates were selected for the Advance Course for Training of Mediators. This Advance Course was held from 12th – 14th May, 2008. Thereafter at the third stage the Masters Trainer Course was held from 3rd – 5th June, 2008, wherein 12 candidates selected out of 24 candidates who attended the Advance Course were given Training. In addition to these 12 candidates, 13 Additional District and Sessions Judges and one Advocate, nominated by the Mediation Committee of the Supreme Court, were also trained. The said Training Programmes were attended amongst others by Retired High Court Judges, Professors in Law, Law Officers of Corporates and Advocates from Delhi, Chandigarh and Hyderabad. At the end of the said programme for Training of Mediators, now 26 Mediators are available in India for giving further training in mediation.


(ii) One of the components of the Programme under the World Bank Grant was the Study Tours of leading Arbitration Centres in order to study the infrastructure and other facilities available in those Centres so that the infrastructure and facilities at the ICADR can be accordingly upgraded for attending to arbitration/mediation in international commercial disputes etc. In this connection the following tours were made :


(a) Mr. B.S. Saluja, Secretary-General, ICADR visited Singapore International Arbitration Centre (SIAC) and Singapore Mediation Centre (SMC) in Singapore from 30th April, 2008 to 1st May, 2008. He was accompanied by Mr. Danny Mcfadden, CEDR’s Director of Asian Development.


(b) Mr. B.S. Saluja, Secretary-General, ICADR along with Mr. Justice I.P. Vasishth (Retd.), Consultant, ICADR and Mr. K.D. Singh, the then Secretary, Legislative Department, Ministry of Law and Justice visited Centre for Effective Dispute Resolution (CEDR), London Court of International Arbitration (LCIA), Chartered Institute of Arbitrators (CIArb), Law Firm Eversheds and Ministry of Justice, London, U.K. in London from 20th May, 2008 to 23rd May, 2008.


(c) Mr. B.S. Saluja, Secretary-General, ICADR accompanied by Mr. Justice I.P. Vasishth (Retd), Consultant, ICADR visited ICC Paris and Permanent Court of Arbitration, The Hague in Netherlands from 17th – 21st June, 2008.


(iii) ICADR, Headoffice organized the following 3 Round Table Conferences on “ Strengthening ADR in India” in collaboration with the World Bank in New Delhi, Kolkata and Mumbai.


(a) First Round Table Conference was organized in Hotel Le Meridien, New Delhi on 25th June, 2008 from 5.00 P.M. to 8.00 P.M. The said Conference was inaugurated by Hon’ble Mr. Justice Dalveer Bhandari, Judge, Supreme Court of India and Dr. H. R. Bhardwaj, the then Union Minister for Law and Justice was the Chief Guest on the said occasion. Both of them gave elaborate addresses to the delegates on advantages of ADR and the need for early settlement of disputes through ADR Modes. The said Conference was also addressed by Mr. B.S. Saluja, Secretary-General, ICADR, Dr. Syed I. Ahmed, Lead Counsel (LEGES), The World Bank, Mr. Klaus Decker, Co-Task Team Leader for the Project, Mr. Graham Massie, Director of Consultancy, CEDR, Mr. T.K. Viswanathan, Union Law Secretary. It was attended by Hon’ble Members of the Governing Council, ICADR, Senior officers of Ministry of Law and Justice, Members of the Corporate World, Law Firms and Advocates. There was an Open House discussion on the use of various modes of ADR in the settlement of commercial and other disputes and improvements necessary in present day legal environment for attracting international arbitration/mediation in India. The said Conference was a great success.


(b) Second Round Table Conference was organized on 4th July, 2008 in Kolkata. The venue of the Conference was The Oberoi Grand, Kolkata. The said Conference was inaugurated by Hon’ble Mr. Justice Surinder Singh Nijjar, Chief Justice Calcutta High Court. It was also addressed by Mr. Justice I.P. Vasishth (Retd), Consultant, ICADR, Mr. Justice Kalyan Jyoti Sengupta, Judge Calcutta High Court, Mr. Bolai Chandra Ray, Advocate General, West Bengal, Mr. Nishith Nandan Adhikary, Additional Advocate General, West Bengal and former Law Minister, West Bengal, Mr. Anindya Mitra, Senior Advocate, Mr. Bikas Ranjan Bhattacharya, Senior Advocate and Mayor of Kolkata, Mr. Jayanta Kumar Mitra, Bar at law and Senior Advocate, Prof. N.L. Mitra, Former Director National Law School Bangalore and now Advisor, Rajiv Gandhi School of Intellectual Property Law at Kharagpur, Dr. Syed I. Ahmed, Lead Counsel, The World Bank and Mr. Suman Jyoti Khaitan, Member of Governing Council, ICADR. In the Open House Discussion the participants were informed about the objectives of ICADR. It was attended by about 75 persons representing various shades of society including Corporate sector, legal fraternity and social strata. . The said Conference was a great success.


(c) Third Round Table Conference was organized on 7th July, 2008 in Mumbai. The venue of the Conference was The Taj Mahal Palace and Tower Hotel, Mumbai. The said Conference was inaugurated by Hon’ble Mr. Justice Swatanter Kumar, Chief Justice Bombay High Court. It was also addressed by Dr. Justice D.Y. Chandrachud, Judge, Bombay High Court, Mr B. S. Saluja, Secretary-General, ICADR, Mr. Venugopal N. Dhoot, Chairman, Videocon and Former President ASSOCHAM, Mr. M.N. Chaini, Group President, Reliance Industries, Dr. Syed I. Ahmed, Lead Counsel, LEGES, The World Bank, Mr. Suman J. Khaitan, Member of Governing Council, ICADR, Mr. A. D. Nagpaul. Special Invitee of Governing Council, ICADR. It was attended by persons from various PSU’s, Chamber of Commerce, Law Officers of Corporate World, Law Firms and Senior Advocates. The said Conference was a great success.

Under the said project of the World Bank, the Indian Law Institute was given the work of preparing a Report on “ADR Status/Effectiveness Study”. The final Report of the Indian Law Institute on this subject contains various suggestions/recommendations, e.g., creation of public awareness, training of arbitrators and mediators, further research on ADR, adoption of ADR as a part of formal education, conducting community mediations, establishing good rapport with Voluntary organisations/Universities in spreading the message of ADR and evolving a Code of Conduct and Professional Ethics for arbitrators, mediators and other concerned persons. Similarly under the aforesaid project of the World Bank, ICADR has given to the Centre for Effective Dispute Resolution (CEDR), London, U.K. the work relating to preparation of Business Plan for development of ICADR and for conducting training of mediators in India. The Final Business Plan also contains a number of suggestions for upgrading the services of ICADR so as to attract international arbitration cases and international mediation cases in India. The recommendations and suggestions made by CEDR and ILI were placed before the ICADR’s Research Advisory Committee for consideration. The members of the Committee decided to give more attention to Domestic and International Commercial Arbitration in India, as the Mediation is still to take its roots in India. The Members also felt that amendments of the Arbitration and Conciliation Act, 1996 will be required to tackle the element of frequent interference by Courts in the arbitral process. The recommendations and suggestions of CEDR and ILI relating to the amendments in the Arbitration and Conciliation Act, 1996 have been duly forwarded to the Union Ministry of Law and Justice. The suggestion of CEDR for adopting substantial marketing and promotion campaign was also considered and the Members felt that a website should be created for the said purpose and the names of various institutions associated with ICADR should be highlighted. The Members also felt that ICADR should make attempts for getting work from the Corporate Houses, Public Sector Undertakings, etc. The ICADR is already working on the development of website for Head Office of ICADR, in association with National Informatics Centre (NIC), New Delhi. ICADR is also trying to create facilities for Video Conferencing through ERNET India, an autonomous Society of Department of Information Technology, Ministry of Communications & Information Technology, Government of India. It is hoped that the said facilities will be available shortly. The Law Secretary and Cabinet Secretary have already written letters to the Government Departments and Public Sector Undertakings urging them to include Arbitration/Conciliation Clauses of ICADR in their Agreements. The ICADR is also trying for a documentary film, in association with Indian Council for Market Research (ICMR) for the purpose of marketing and publicity of Arbitration and Mediation services being provided by ICADR. The said documentary film will also include demonstration of practical handling of mediation cases.


The recommendations made by the Research Advisory Committee were placed before the Governing Council of ICADR in its meeting held on 27th December, 2008 and the Governing Council generally approved the recommendations of the said Committee. The Hon’ble Chairman observed that ICADR should create an up-to-date infrastructure for use in international commercial arbitrations, conciliation/mediation. He also mentioned that ICADR may try to import technology for transcription of the proceedings taking place during the course of arbitration, conciliation/mediation and their display on Plasma Television during the course of the said proceedings. ICADR is trying to implement, as far as possible, the aforesaid decisions of the Research Advisory Committee and Governing Council.


(2) Mr. B.S. Saluja, Secretary-General and Mr. Justice I.P. Vasishth (Retd.), Consultant, ICADR participated in a three day International Conference on “Institutional Arbitration in Infrastructure & Constructions” organised by the Construction Industry Arbitration Council (CIAC) in association with United Nations Commission on International Trade Law (UNCITRAL) and Singapore International Arbitration Centre (SIAC) from 16th October to 18th October, 2008 at India Habitat Centre, New Delhi. It was inaugurated by Hon’ble Chief Justice of India, Mr. Justice K.G. Balakrishnan. The Conference was addressed by number of foreign delegates including Dr. Jernej Sekolec, Secretary, UNCITRAL, Mr. Renaud Sorieul, Principal Legal Officer, UNCITRAL, Mr. Luca Castellani (UNCITRAL), Prof. Lawrence Boo, Deputy Chairman, SIAC, Dr. A. Yei (SIAC), Dr. Eric E. Bergsten, Dr. Clyde Croft, Senior Counsel (Australia), Mr. Thomas Kennedy, Grant QC (New Zealand), Mr. Richard Naimark, Senior Vice President, American Arbitration Association, Mr. D. Cecil Abraham, Consultant, Zul Rafique & Partners (Malaysia), Mr. George Burn, Head of International Arbitration, SALANS (London), Mr. Philip Landolt, Mr. Michael Hwang, Senior Counsel, Singapore, and many more. Apart from these Mr. F. Nariman, Senior Advocate and Mr. S. Dholakia, Senior Advocate, Mr. Pravin H. Parekh, President SCBA & Senior Advocate, Supreme Court of India, Mr. K. Jagannathan, Head-Legal Services, ECC Division, L&T Ltd, also addressed the participants.


(3) ICADR organized an Intensive Training Programme in Mediation for four days i.e. from 21st November to 24th November, 2008 in ICADR’s office at Plot No. 6, Vasant Kunj Institutional Area, New Delhi. 35 students were trained by qualified Masters Trainers certified by Internationally renowned Institution CEDR. The said programme was inaugurated by Mr. T.K. Viswanathan, Law Secretary. One Sitting Judge of Madras High Court and three District and Sessions Judges from the state of Jharkhand were among the students. Certificates were distributed at the end of the training programme.


(4) Mr. B.S. Saluja, Secretary-General, ICADR participated in one day Symposium on “Dispute Resolving Practices in Hydro-Power Sector: An Effort to share the Experiences in Settlement of Claims” organised jointly by Satluj Jal Vidyut Nigam Limited and Consultancy Development Centre on 23rd December, 2008 at India Habitat Centre, New Delhi. The said programme was addressed by Hon’ble Mr. Justice A.K. Sikri , Judge High Court of Delhi, Mr. P.S. Bhami, EX. Chairman and Managing Director, NTPC, Mr. A.D. Mohile, Ex. Chairman, CWC, Mr. R.S. Gora, Advocate Supreme Court of India, Mr. Ajay Thomas, Assistant Counsel (India) Singapore International Arbitration Centre, Mr. K.K. Sharma, Executive Director – Hydro, NTPC, apart from other Senior officers of different Public Sector Undertakings.


(5) ICADR organized a Conference on “Need for Strengthening ADR in India’ jointly with ASSOCHAM on 17th January, 2009 at ASSOCHAM House. Dr. H. R Bhardwaj, the then Union Minister for Law and Justice and Chairman, ICADR was the Chief Guest at the said Conference and it was attended by Hon’ble Dr. Justice Mukundakam Sharma, Judge Supreme Court of India, Hon’ble Mr. Justice A.P. Shah, Chief Justice of Delhi High Court, Shri T. K. Viswanathan, Law Secretary, and Senior Advocates apart from other eminent personalities.


(6) Mr. B.S. Saluja, Secretary-General, ICADR and Mr. Justice I.P. Vasishth (Retd.), Consultant, ICADR participated in and addressed the “Conference on Alternative Dispute Resolution (ADR) as an effective means for Handling Business Disputes” organized by PHD Chamber of Commerce and Industry on 24th January, 2009 at PHD House, New Delhi. The participants were addressed by Dr. Shem-Tov Levi, President, CIM International and Mr. Yehuda Tunik, Advocate from Israel. They delivered lecture on: Computerized Systems for the Management of Legal Processes: from Monitoring Internal and Outsourced Legal Work to Complete Dispute Resolution System”. The participants were also addressed by Hon’ble Mr. Justice Madan B. Lokur, Judge, Delhi High Court, Mr. S.K. Dholakia, Senior Advocate, Supreme Court of India.


(7) ICADR Headquarters organized a Conference on ADR – Conciliation and Mediation on 14th February, 2009 at Hotel Taj, Chandigarh. The said Conference was inaugurated by Hon’ble Mr. Justice K.G. Balakrishnan, Chief Justice of India. Hon’ble Dr. H. R Bhardwaj, the then Union Minister for Law and Justice and Chairman, ICADR, Hon’ble Mr. K. Venkatapathy, the then Minister of State for Law and Justice, Hon’ble Mr. Justice Dalveer Bhandari, Judge, Supreme Court of India, Hon’ble Mr. Justice D.K. Jain, Judge, Supreme Court of India, Hon’ble Mr. Justice T.S. Thakur, Chief Justice, Punjab and Haryana High Court, Hon’ble Mr. Justice Madan B. Lokur, Judge, Delhi High Court, Mr. T.K. Viswanathan, Union Law Secretary, Mr. B.S. Saluja, Secretary- General, ICADR, were also present and addressed the Conference. It was also attended by various Judges of High Court of Punjab & Haryana, Governing Council Members of ICADR and other eminent personalities from the legal and corporate sector. A Souvenir containing articles on ADR was also distributed free of cost. The Conference was a great success.


(8) Mr. B.S. Saluja, Secretary-General, ICADR attended and addressed the One day Seminar-cum-interactive Session on “Alternative Dispute Resolution (ADR)” organized by ICADR, Regional Office, Bangalore, for Law students in collaboration with Karnataka Legal Services Authority and University Law College, Bangalore on 10th March, 2009 at Jnana Jyothi Auditorium, Central College Premises, Bangalore. Key note address upon the desirability of effective implementation of the provisions of section 89 of the Code of Civil Procedure, 1908 was delivered by Hon’ble Mr. Justice N. Kumar, Judge, High Court of Karnataka and Executive Chairman of Regional Office Bangalore. The said Key note address was followed by Interactive Session of about two hours wherein several questions were raised by Law Students and answered by about six District Judges of Karnataka who attended the Seminar. The Seminar was a grand success.


(9) The ICADR organised the second Training Programme in Mediation in Mumbai from 13th – 16th March, 2009 at Govt. Law College, Mumbai. 35 students were trained by qualified Masters Trainers including Mr. Justice I.P. Vasishth (Retd.), Consultant, ICADR. It was inaugurated by Hon’ble Mr. Justice R.S. Mohite, Judge, Bombay High Court. Hon’ble Mr. Justice Ashok Aggarwal, former Chief Justice of Madras High Court distributed the Certificates to the trainees. It was attended by the Secretary-General, ICADR.


(10) ICADR, Headquarters is taking steps to get its Training Programme in Mediation recognized from Delhi High Court Mediation Centre/Mediation and Conciliation Project Committee of Supreme Court, through the good offices of Hon’ble Mr. Justice Madan B. Lokur. The said proposal has been forwarded by him to the said Mediation and Conciliation Project Committee.


(11) In a Convocation ceremony organized by NALSAR University on 19th July, 2008, ICADR’s Regional Office at Hyderabad, awarded Gold Medal to Mr. Manish Aggarwal – best student of ADR of NALSAR University.


(12) ICADR’s Regional Office at Hyderabad organized a Training Programme on Mediation on 30th and 31st August, 2008 at Warangal for Judicial Officers, Advocates, Doctors, social workers and NGOs in the Senate Hall of Kakatiya University, Warangal. Shri Firdoshali S. Kassam, renowned Master Trainer in Mediation, delivered the lectures on Mediation and Conciliation. Dr. P.Bhaskara Mohan, Advocate of A.P. High Court delivered the lectures on Arbitration and Conciliation Act, 1996. The valedictory function was attended by Hon’ble Shri Justice G. Raghuram and Hon’ble Shri Justice L. Narasimha Reddy, Judges of A.P.High Court, Vice-Chancellor of Kakatiya University, Collector of Warangal District and other dignitaries. Certificates of Participation were distributed by Hon’ble Shri Justice G. Raghuram and Hon’ble Shri Justice L. Narasimha Reddy.


(13) ICADR’s Regional Office at Hyderabad organized a Convocation function for the students of P.G.Diploma in A.D.R.(Proximate Education)(2007), P.G.Diploma in A.D.R. Regular Course (2007) and P.G.Diploma in F.D.R Regular Course (2007) on 7-9-2008 in the campus of NALSAR University of Law. Hon’ble Shri Justice Anil R. Dave, Chief Justice of A.P. High Court distributed Gold and Silver medals to the two top ranking students of P.G.Diploma in A.D.R. Regular Course (2007) and diplomas to about 200 successful candidates. On the said occasion several Judges of the Andhra Pradesh High Court were present. Prof. Dr. Veer Singh, Vice-Chancellor of NALSAR University of Law addressed the students. On the said occasion, Shri Justice Anil R. Dave, Chief Justice of Andhra Pradesh High Court, gave an inspirational speech giving examples as to how Mediation could help to resolve cases even at the level of High Court.


(14) ICADR’s Regional Office at Hyderabad organized a Workshop on Mediation & Conciliation on 18th & 19th October, 2008 for Judicial Officers of Hyderabad and Rangareddy Districts in the premises of A.P.High Court. On this occasion, Hon’ble Shri Justice D. M. Dharmadhikari, Former Judge, Supreme Court of India, Chairman, M.P. State Human Rights Commission was the Chief Guest. Hon’ble Shri Justice Anil R. Dave, Chief Justice of Andhra Pradesh High Court also addressed the participants. Certificates of Participation were distributed by Hon’ble Smt. Justice T. Meena Kumari, Hon’ble Shri Justice N.V.Ramana and Hon’ble Shri Justice D.S.R.Varma, Judges of A.P. High Court.


(15) ICADR’s Regional Office at Hyderabad, in collaboration with A.P. High Court Advocates’ Association, conducted a Training Programme on Mediation on 25th October 2008. This programme was organized for the Advocates of A.P. High Court. Shri Sriram R. Panchu, Senior Advocate, Chennai and Master Trainer addressed the participants. About 200 persons attended the Training Programme. At the end Simulation Exercise was also conducted .


(16) ICADR’s Regional Office at Hyderabad, in association with Andhra Pradesh Judicial Academy, Secunderabad, organized a Training Programme on ADR Methods for settlement of disputes on 19th & 20th November, 2008 for the Judicial Officers of all districts of Andhra Pradesh. Certificates of Participation were distributed by Hon’ble Shri Justice B. Prakash Rao, Judge, A.P. High Court.


(17) ICADR’s Regional Office at Hyderabad conducted Workshop on ADR Methods for settlement of disputes on 6th & 7th December, 2008 at Adilabad for Judicial Officers, Advocates, Doctors, social workers and NGOs . Certificates of Participation were distributed by Hon’ble Shri Justice G. Bhavani Prasad, Judge, A.P. High Court. This workshop was a great success.


(18) ICADR’s Regional Office at Hyderabad, in collaboration with A.P. State Legal Services Authority, conducted Workshops on ADR in 11 Districts of Andhra Pradesh. Steps are being taken to organize similar Workshops in remaining districts of Andhra Pradesh during the Financial Year 2009-2010.


(19) ICADR’s Regional Office at Bangalore, conducted examination for students of P.G. Diploma in A.D.R.(Proximate Education) (2008)(4th Batch) at Sri Jagadguru Renukacharya College of Law campus from 14.11.2008 to 16.11.2008. The said course is being conducted by ICADR, Regional Office, Hyderabad in collaboration with NALSAR University.

(20) ICADR’s Regional Office at Bangalore conducted two days’ Training Programme on ‘Arbitration, Conciliation & Mediation’ on 6th & 7th of February, 2009. The said programme was organized for Engineers & Officers of Bangalore Electricity Supply Company (BESCOM). On 6th February, 2009 Dr. V. Nagaraj, Professor, National Law School of India University (NLSIU), Bangalore, Mr. Y.G. Muralidhar, Columnist, Bangalore, and Hon’ble Mr. Justice N. Kumar, Judge, High Court of Karnataka & Executive Chairman of ICADR, Regional Office, Bangalore, addressed the participants. On 7th February, 2009 Prof. O.V. Nandimath, National Law School of India University, Bangalore, addressed the participants on Indian Contract Act. Simulation exercise was conducted by Asst. Secretary, ICADR, Regional Office, Bangalore. On the conclusion of the Training Programme Certificates were distributed to the participants.


(21) ICADR’s Regional Office at Bangalore, in collaboration with Karnataka Legal Services Authority and University Law College, Bangalore, organized one day Seminar-cum-Interactive Session on “Alternative Dispute Resolution (ADR)” on 10th March, 2009 at Jnanajyothi Auditorium, Central College premises, Bangalore. The programme was designed for the Law students of Bangalore University. Mr. B. S. Saluja, Secretary-General, ICADR, attended and addressed the said Seminar. Key note address upon the desirability of effective implementation of the provisions of section 89 of the Code of Civil Procedure, 1908 was delivered by Hon’ble Mr. Justice N. Kumar, Judge, High Court of Karnataka and Executive Chairman of Regional Office Bangalore. The said Key note address was followed by Interactive Session of about two hours wherein several questions were raised by Law Students and answered by about six District Judges of Karnataka who attended the Seminar. The Seminar was a grand success.


11. Agreements


The ICADR continues to have Cooperation Agreements with the following Foreign Organisations:


A. The Arbitration and Mediation Centre of the World Intellectual Property Organisation of Geneva.

B. The Thai Arbitration Institute Bangkok

C. The Korean Commercial Arbitration Board, Seoul, (Korea) and

D. The Chartered Institute of Arbitrators, London


The said Agreements cover three areas, namely, mutual exchange of information, mutual assistance in the conduct of proceedings and mutual assistance in organising training and other activities.

International Centre for Alternative Dispute Resolution (ICADR) also entered into a Memorandum of Co-operation (MOC) with International Council of Consultants (ICC) and Construction Industry Development Council (CIDC) to jointly work in collaboration with Singapore International Arbitration Centre towards strengthening the ADR movement.


ICADR Headquarters is trying to have Cooperation Agreements with the Indian Chamber of Commerce, Kolkatta and , Indian Merchant Chambers, Mumbai. It has submitted drafts of Cooperation Agreements between ICADR and the Indian Chamber of Commerce/Indian Merchant Chambers to S/Shri D. Sengupta, Dy. Director of ICC and M.N. Chaini, former President, IMC in March, 2009. The response from the said Chambers is still awaited.




12. Library


Books are essential tools of the lawyers, judges and arbitrators. The ICADR has well equipped library containing books of Indian and foreign authors. A substantive number of new titles have been added to the existing library. In addition, a number of periodicals and journals are also being subscribed.


Regional Centre at Hyderabad is also maintaining a good library and several important titles were added during the year to the said library.


ICADR has also subscribed to Manupatra - A comprehensive Online Legal & Business Policy Database. On this site one can view full text of judgments of Supreme Court and High Courts, information relating to Arbitration, Tribunals and Commissions like Custom Excise and Gold Control (Appellate) (CEGAT), Securities and Exchange Board of India (SEBI)/SAT, Income Tax Appellate Tribunal (ITAT), Monopololies and Restrictive Trade Practice Commission (MRTP). One can also view Central Bare Acts/Rules, Bills and Ordinances in Parliament, Circulars and Notifications of different Ministries etc.. Besides these the site also provides information on WTO, Intellectual Property Rights, Cyber & IT Laws, Human Rights, Foreign Trade Policy & Procedures. It also deals with topics of Corporate Laws and Taxation like information on Direct and Indirect Taxation, Capital Market, Corporate Laws Forex & Banking, Foreign Trade Policy & Procedures etc.


The facility to view this site will be provided by ICADR to its Arbitrators/Conciliators/Mediators and its Members.



  1. After 31.3.2009


(1) ICADR, Headquarters organized four days Training Programme in Mediation from 23rd to 26th July, 2009 in Golden Jubliee Guest House of Panjab University, Chandigarh wherein 38 students were trained as Mediators. The said programme was inaugurated by Hon’ble Mr. Justice M.M. Kumar, Judge, Punjab and Haryana High Court and Chairman of High Court’s Mediation and Conciliation Committee. The inaugural session was attended by Hon’ble Mr. Justice Pritam Pal (Retd.), President, State Consumer Commission, Chandigarh, Mr. H.S. Hooda, Advocate-General, Haryana, Dr. Anmol Rattan Siddhu, Asstt. Solicitor-General of India, Hon’ble Mr. Justice I.P. Vasishth, Consultant, ICADR, Mr. A.K. Bansal, Governing Council Member at Chandigarh and Mr. B.S. Saluja, Secretary-General, ICADR. The students were trained by qualified Masters Trainers certified by Internationally renowned Institution CEDR. At the end of training on 26th July, 2009 the participants were given Certificates by Hon’ble Mr. Justice J.S. Khehar, Judge, Punjab and Haryana High Court and Hon’ble Mr. Justice Mahesh Grover, Judge, Punjab & Haryana High Court.


(2) ICADR’s Regional Office at Hyderabad, continues with its various P.G. Diploma Courses. 74 students from all over India have enrolled for fifth batch of P.G. Diploma in ADR (Proximate Education)(2009), 59 have joined the ninth batch of P.G. Diploma in ADR (Regular Course) (2009), 11 have joined the sixth batch of P.G. Diploma in Family Dispute Resolution (Regular Course)(2009) and 46 students from all over India have enrolled for the first batch of P.G. Diploma in FDR (Proximate Education) (2009). Classes for all the above mentioned courses have started.


(3) Out of 53 students who enrolled for the P.G. Diploma in ADR (Regular Course) (2008), 41 students appeared for the examination and 29 students cleared the said examination. 109 students had enrolled for the P.G. Diploma in ADR (Proximate Education) (2008), out of which 108 students appeared for the examination and 74 cleared the examination. Out of 16 students who had enrolled for P.G. Diploma in FDR (Regular Course) (2008), 14 students appeared for the examination and all have cleared the examination. Convocation for the successful students of the above mentioned courses will take place later in the year.


(4) Contractors Development Institute, a constituent unit of National Academy of Construction (NAC), a Society started by the Government of Andhra Pradesh, had approached ICADR’s Regional Office at Hyderabad, through NALSAR University of Law, Hyderabad to start a P.G. Certificate Course in ADR for its members. In view of this a P.G. Certificate Course in ADR was inaugurated on 27-4-2009 by Hon’ble Shri Justice G. Raghuram, Judge, Andhra Pradesh High Court. The function was attended by Prof. Veer Singh, Vice Chancellor, NALSAR University of Law, several leading Contractors and Government officials. The classes for the said course are going to start soon.


(5) ICADR’s Regional office at Bangalore plans to start Six months Certificate Course on ‘ADR’. Syllabus for the said course is being designed by National Law School of India University, Bangalore and will be received shortly.


(6) ICADR’s Regional office at Bangalore plans to organize programme for the Engineers of Karnataka Power Transmission Company Ltd. (KPTCL).



First Round Table Conference on Strengthening ADR in India held on 25th June, 2008 at Hotel Le Meridien, New Delhi


.



^ Sitting from left to right: Mr. Klaus Decker, Co-Task Team Leader for the Project, World Bank, Dr. Syed I. Ahmed, Lead Counsel (LEGES), The World Bank, Dr. H. R. Bhardwaj, the then Union Minister for Law and Justice and Chairman, ICADR, Hon’ble Mr. Justice Dalveer Bhandari, Judge, Supreme Court of India, Mr. Graham Massie, Director of Consultancy, CEDR, Mr. T.K. Viswanathan, Union Law Secretary and Mr. B.S. Saluja, Secretary-General, ICADR




^ Mr. B.S. Saluja, Secretary-General, ICADR, addressing at Conference on

ADR – Conciliation and Mediation held on 14th February, 2009

at Hotel Taj, Chandigarh.




Sitting from left to right: Mr. Ch.G. Krishnamurthy, Treasurer, ICADR, Hon’ble Mr. Justice D.K. Jain, Judge, Supreme Court of India, Hon’ble Mr. Justice Dalveer Bhandari, Judge, Supreme Court of India, Hon’ble Mr. Justice K.G. Balakrishnan, Chief Justice of India, Hon’ble Dr. H. R Bhardwaj, the then Union Minister for Law and Justice and Chairman, ICADR, Hon’ble Mr. Justice T.S. Thakur, Chief Justice, Punjab and Haryana High Court, Hon’ble Mr. K. Venkatapathy, the then Minister of State for Law and Justice, Mr. T.K. Viswanathan, Union Law Secretary and Mr. Anmol Rattan Sidhu, Assistant Solicitor-General, Punjab and Haryana High Court.









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