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AGENDA
 

GOVERNMENT PERSPECTIVE: INITIATIVES FOR SPEEDIER DISPUTE RESOLUTION

  • What is the government’s perspective on dispute resolution and arbitration in infrastructure?
  • What will be the impact of the proposed/recent amendments to dispute resolution and arbitration [Indian Arbitration Council Act, 2017; Arbitration and Conciliation (Amendment) Bill, 2018; Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill, 2018; etc.]?
  • What are the key issues and challenges?
DEVELOPER/CONCESSIONAIRES’/OPERATOR PERSPECTIVE
  • What has been the experience of infrastructure developers/operators with regard to arbitration and dispute resolution in India across sectors?
  • What are their major issues and concerns?
  • What needs to be done on the regulatory/legislative front for speedier resolution?

CONSTRUCTION CONTRACTORSí PERSPECTIVE

  • What has been the experience of construction contractors with regard to arbitration and dispute resolution in India across sectors?
  • What are their major issues and concerns?
  • What measures can be taken on the regulatory and legislative front to ensure speedier resolution?

CONCESSIONING AUTHORITIES/IMPLEMENTING AGENCIESí PERSPECTIVE

  • What has been the experience of concessioning authorities/implementing agencies with regard to arbitration and dispute resolution in India across sectors?
  • What are their major issues and concerns?
  • What needs to be done on the regulatory/legislative front for speedier resolution? (Sectors include roads, ports power, airports, mining, telecommunication, urban mass transit, and water and sanitation.)

REGULATORY EXPERIENCE

  • What has been the regulatory experience with infrastructure projects?
  • What is the role played by key agencies (PNGRB, TRAI, CERC, AERA, etc.)? What are the key challenges?
  • What are the key lessons learnt

FINANCIERS'/INVESTORS' PERSPECTIVE

  • What has been the experience of financiers/investors with regard to arbitration and dispute resolution in India across sectors?
  • What are their major issues and concerns?
  • What needs to be done on the regulatory/legislative front for speedier resolution?

ALTERNATE DISPUTE RESOLUTION (MEDIATION, CONCILIATION, ARBITRATION, NEGOTIATION, ONLINE DISPUTE RESOLUTION AND LOK ADALATS)

  • What are the alternate dispute resolution mechanisms in India? Have these led to speedier resolution?
  • What are the key issues and challenges of these mechanisms?
  • What needs to be done to improve the ADR mechanism in India?

COST, TIME AND CLAIMS MANAGEMENT

  • What are the challenges in managing the cost and time overruns in dispute cases?
  • What are the challenges in computing claims? What are the strategies being adopted to overcome these?
  • What are the global best practices? Which is the most relevant in India?

GLOBAL EXPERIENCE: BEST PRACTICES

  • What has been the global experience with regard to dispute resolution and arbitration?
  • What are the global best practices?
  • What can India learn from international best practices?

INSTITUTIONALISING ARBITRATION

  • What is the role of arbitration institutions in India (ICA, ICADR, etc.)?
  • What is the view of these institutions on the arbitration process in India?
  • What are the key challenges?
  • What has been the role of foreign arbitration institutions (SIAC, LCIA, etc.)? What lessons can be learnt from global arbitration institutions?

MANAGING DISPUTES UNDER CHANGE IN LAW

  • What has been the experience in handling disputes resulting from change in law?
  • What are the challenges faced under such disputes?
  • What improvements are needed to better manage the risk allocation between parties in such disputes?
 
       
 
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