CLA News / 2024 Activity Report by CLA Hon. Life President Santhaan Krishnan
‘Let’s play Clean’ is the slogan with which the year 2024 began. It was the theme of the Sports Law Conference hosted in Colombo on 4 January as part of the 8th Lawyers’ Cricket World Cup in Sri Lanka. At this half-day Conference, discussions centred around ways, means, and steps to be taken at all levels to keep the Sports Clean. Cricketing lawyers from various Commonwealth jurisdictions take part in this biennial event.
When I returned to Delhi, the ball was already set in motion for the Commonwealth Attorney & Solicitor Generals’ Conference 2024. Upon a request, I assisted the Attorney General and his team in getting this CASGC-24 organized in Delhi. It was hosted by the Ministry of Law, Government of India, in association with the Commonwealth Legal Education Association (CLEA). ‘Cross-Border Challenges in Justice Delivery’ was the theme of the Conference.
The Conference, held from 2nd to 5th Feb. 2024, was attended by more than 60 delegates from across the Commonwealth and scores from the legal fraternity within India. The Hon’ble Prime Minister of India, Narendra Modi, formally inaugurated the Conference. The successful hosting of such a unique and first-of-its-kind meeting of the Law Officers of Governments across the Commonwealth, drew wide appreciation.
On 24 February, I attended a two-day UIA Conference in Mumbai on ‘New challenges in Foreign Direct Investments in India and the Role of Lawyers.’ The participants were mainly from India, and CLA’s presence was formally acknowledged. On the same evening, I flew to Kota Kinabalu, Malaysia, to participate in the Borneo Rainforest Conference at Kola Kinabalu, Malaysia, from 25th to 28th Feb. This was a well-attended conference of CLA’s Environment Law Committee in conjunction with the Sabah Law Society. One could witness quality presentations from experts across the Commonwealth, particularly South, South-East Asia and South Pacific Island countries.
During this Conference, a request came from Brigid to represent CLA at the Commonwealth Law Ministers Meeting (CLMM). My affirmative response and Ron’s support facilitated this visit to Zanzibar, Tanzania. The biennial CLMM was held from the 4th to the 8th of March. Having participated, I realized that it was worthwhile attending such an event and the opportunity to share the some thoughts on behalf of CLA. And how important it was for CLA to be part of the biennial CLMM event. Among many other things, I saw the release of ‘The Commonwealth Guide to Mediation’ brought out by the Commonwealth Secretariat for the entire Commonwealth. At the Conference, the Asst. Secretary General Prof. Luis Franchesi formally appealed to all the Law Ministers to sign & ratify the UN Convention on International Settlement Agreements resulting from Mediation, popularly known as the Singapore Convention.
On 21st March, NIVAARAN (Mediators of the Supreme Court of India) hosted Hon. Rene Baptiste, our Council Member from St.Vincent & Grenadines. At this gathering of Mediators/lawyers from the Supreme Court of India, she spoke on “Mediation—A Caribbean Experience.” This event was live on YouTube. She was on a brief visit to India at the invitation of the Government of India, representing the Caribbean. It was hosted at the Indian Law Institute, New Delhi.
During the third week of April, I revisited the African Continent. This time, it was to Johannesburg, South Africa, to participate in the Johannesburg Arbitration Week (JAW). Initiated and hosted by the Arbitration Foundation of Southern Africa (AFSA). There was a sprinkling of participation from other parts of Africa, Europe and Asia. There were more than 300 participants. The topics for discussion were from the field of arbitration, and it also touched on mediation. I had the opportunity to speak on Mediation and shared developments in India and the newly enacted Indian Mediation Act of 2023. Importantly, I got to witness the signing of an MoU by the representatives of the Bar, Govt., etc., from about one dozen countries of the Southern African region, that their cross-border disputes would be referred to AFSA for its resolution through ADR.
Preparations started at the beginning of May for the 3rd Soli Sorabjee Memorial Lecture at the India International Centre (IIC) in Delhi. It was hosted on 7th May by CLA and supported by NIVAARAN & SOLI. The Memorial lecture was delivered by Hon’ble Mr Justice Suryakant, Judge, Supreme Court of India, on the topic of ‘Human Rights’ and its development in India. This well attended Lecture at the India International Centre, New Delhi was live on YouTube also.
The next day, on 8th May, I flew to London to be part of a CLA delegation led by President Peter Maynard for a meeting with the Secretary-General, Assistant Secretary-General and others at the Commonwealth Secretariat (Comsec) at the Marlborough House in London. The discussion broadly was about what CLA does and as to how they to assist Comsec in its work. In the 2nd week of May, I had a breakfast meeting with the Asst. Secretary General Prof. Luis Franceschi. It resulted in an offer to facilitate hosting an event at the Marlborough House. Steps were taken thereafter to host a Mediation Awareness Event on the 21st of June.
In the meantime, I had the opportunity to participate and moderate a session at the Annual Conference of Advocates for International Development (A4ID) in London on 21st May. Thereafter, I stepped out of London to Miami (USA), George Town (Guyana), Vancouver, and Toronto (Canada). These visits allowed me to meet and interact with Colleagues and bar Leaders in the USA, some Caribbean jurisdictions, and Canada.
After returning to London at the beginning of June, I could initiate a meeting between Justice Rao, the then Head of IAMC Hyderabad, Tariq, the then Registrar, and Brigid. The discussion led to a proposal to host a November Commonwealth Med-Arb event at Hyderabad.
Efforts made for 2-3 weeks from the beginning of June resulted in the registration crossing 1,000 for the 21st June Mediation Awareness Event. At the Marlborough House, we witnessed the physical presence of more than 60 delegates. Online Speakers were Ms Rene Baptiste (St. Vincent), Gregory Vijayendran (Singapore), A.J. Jawad (India) and Quhramaana Kakar UK, Adviser, Women Mediators in Commonwealth.
Present in person were Prof.Luis Francheschi, Brian Speers, Brigid Watson & others. At the event’s beginning, a Video of the greetings message from the Commonwealth Secretary-General Baroness Patricia Scotland was played. Followed by Opening Remarks from the Asst. Secretary General Luis Francheschi. I moderated the whole event.
Experiencing the turn of events led me to understand that unless and until Mediation, as a method of dispute resolution, is put on a ‘Mission Mode’, one cannot mainstream Mediation as dispute resolution mechanism. Hence, through the hybrid Mediation Awareness Event at the Comsec, it was announced that through the initiative from the CLA’s ADR Committee and with the support of organizations, such as Nivaaran & SIMC, there would be an online International Summer School on Mediation and CLA’s Mediation Lecture Series. A ‘Peace Mediation’ event at the Samoa CHOGM that could not materialise. And finally, to have the ‘Commonwealth Med-Arb Conference’ at Hyderabad. And to host the Mediation Training Programme in early 2025.
On 28 June, Mediators Beyond Borders International (MBBI) held their Board Meeting in London. Like-minded organisations were invited to interact to share their experience and thoughts on reconnecting communities around the world. I was also invited to their informal chats.
It was good to interact with people from different parts of the world, some among them were known and were mainly from the Commonwealth.
After a longish Summer Sojourn and before leaving London, I attended a One-Day UK Mediation Conference at the Congress Centre, London on July 1st. Delegates from across the UK came to participate in this Mediation Conclave. It was worthwhile attending this event organised by ICONIC Media Solutions.
Immediately after returning to India, with some of my colleagues in NIVAARAN and others i participated in the India Mediation Weekend event hosted by IAMC at Hyderabad. 20th and 21st July. Thereafter, the efforts made in the previous couple of months paved the way for NIVAARAN’s 5th Annual International Summer School on Mediation online from 26th July to 6th August 2024. CLA and SIMC supported this 12-day event. The average participation at this Online event was around 200. Our Chief Guest for a formal opening was Prof. Luis Franchesci, the Asst. Secretary General of the Commonwealth. Peter Maynard (CLA) & George Lim (SIMC) were the Guests of Honour. The guest faculty during these 10 days of lectures were from Africa, Canada, the Caribbean, England, Australia, and India, and they discussed topics ranging from Mediation Genesis to Mediation Advocacy and beyond. After its successful completion, at the closing ceremony, we had Justice KV Vishwanathan, a Supreme Court of India judge, as the chief guest to share words of wisdom and appreciation. And Gregory Vijayendran, Singapore as our Guest of Honour.
Mediation in Current Times: Perspectives and a Mediation Competition were hosted by Mahendra University, Hyderabad, on August 8th and 9th. I gave a brief presentation and also judged in the Mediation Competition.
I participated in the CLEA Conference on ‘Law and Technology’ at Kumarakom in Kerala (The South tip of India). At this Conference held between 16th and 18th August, there were about 50 judges from across the country, a few international guests, legal educationists, and some lawyers.
From 19 September to 14 November, CLA hosted the Mediation Lecture Series. The six-part Lecture Series was addressed by Brian Speers (Belfast), John Bassie (Jamaica), Rene Baptiste (St. Vincent), Justice Vasheist Kokaram (Trinidad), Gregory Vijayendran (Singapore), and A.J. Jawad (India). The lectures on various topics of interest were well received by the participants, who averaged more than 200 in each episode. Besides reaching out to Mediation enthusiasts across the Commonwealth, I hosted a few of these lectures.
Finally, CLA and IAMC, Hyderabad, hosted the Commonwealth Med-Arb Conference from the 22nd to the 24th of November. This three-day event with the theme “Bridging Divides – Innovative Approaches to Conflict Resolution” had about 300 participants, and on average, we had a continuous attendance of 150 to 200 persons. This was formally inaugurated by Justice B.R. Gavai, Senior Judge, Supreme Court of India, and others in the presence of Chief Minister of Telangana Sh. Revanth Reddy, Justice Nawaz, Senior Judge, Supreme Court of Sri Lanka and Dr Peter Maynard, President of Commonwealth Lawyers Association. The Government also extended its hospitality by hosting a dinner for all the delegates after the Opening Ceremony.
The topics for discussion at the Conference ranged from Arbitration, Mediation, and the Med-Arb model as it operates across the Commonwealth. Besides presentations, it was also interactive. Thus, the feedback from the delegates suggests that it was a high-octane conference.
The conference at Hotel Le-Meridian, Hyderabad, ended with a Closing Ceremony. Justice P.S. Narasimha, a Judge of the Supreme Court of India, was the chief guest. Other guests included Justice Vijaysen Reddy, Justice Moushmi Bhattacharya, and Advocate General A. Sudershan Reddy.
Immediately after this conference, on behalf of the CLA, we assisted the International Commission of Jurists (ICJ) Kenya Branch in hosting their conference at Delhi on 29 November. About 60 delegates from the legal fraternity in Kenya, led by Hon. Justice Daniel Musinga, the President of the Court of Appeal in Kenya, participated in the half-day conference. A few delegates from India, including Siddarth and I, attended and spoke at this conference.
On the 30th November morning, Aruneshwar Gupta, Sr. Advocate and I flew to Lucknow, the capital of the largest state in India, Uttar Pradesh. We shared our thoughts at this Luminary Conclave on the “Future of OCR-Online Conflict Resolution and Mediation. It was hosted by the School of Legal Studies of Babu Banarasi Das University in Lucknow. Among others were a couple of Judges of the High Court to participate in the Conclave. It was a packed auditorium, among others, with about 500 law students. The Conclave emphasized on the need of the hour to embrace technology and towards Online Dispute Resolution methods.
Before the year 2024 came to an end, I participated in the Commonwealth-UAE Conclave in Dubai on 7th December. The invitation was at the initiative of Prof.Shiva Kumar from the Indian Law Institute and the President of the Commonwealth Legal Education Association (CLEA). This was jointly hosted by Amity University, Delhi/Dubai, and the CLEA. I spoke at the plenary session after the formal Opening Ceremony. The theme of the Conclave was “Fostering Legal Education and Enhancing Justice Delivery in the Commonwealth and the UAE. Here, I met delegates from India, some from across the Commonwealth and representatives of Law Firms in Dubai.
Organising or Participating in these events throughout the year, beginning with Colombo and ending with Dubai, gave me ample opportunity to interact closely with members of the legal fraternity from across the Commonwealth. These interactions were very useful in spreading a word about the Commonwealth Lawyers Association.
Santhaan Krishnan
Hon. Life President, Commonwealth Lawyers Association
