CLA News / Commonwealth Med-Arb Conference 2024: Key Takeaways from the Landmark Event in Hyderabad, India by Nikshita Niranjan and Johan Dax

Hyderabad, November 26, 2024

The International Arbitration and Mediation Centre (IAMC), Hyderabad, and the Commonwealth Lawyers Association (CLA), successfully hosted the Commonwealth Med-Arb Conference 2024. This ground-breaking event showcased Med-Arb, a hybrid dispute resolution model blending mediation and arbitration, as a transformative tool in reshaping the frameworks of dispute resolution across Commonwealth nations. With participation from over 300 delegates, including legal luminaries, corporate leaders, and ADR practitioners, the conference provided a platform for meaningful dialogue and collaboration.

Inaugural Ceremony

(Featuring Mr. Santhaan Krishnan, Dr. Peter D. Maynard KC, Hon’ble Justice A.H.M.D Nawaz, Mr. Justice Bhushan Ramkrishna Gavai ,Hon’ble The Chief Justice Alok Aradhe, Sri Anumula Revanth Reddy, Mr. Tariq Khan)

The inaugural ceremony was graced by prominent dignitaries, including Hon’ble Chief Minister of Telangana Sri Anumula Revanth Reddy Garu, Hon’ble Mr. Justice Bhushan Ramkrishna Gavai, Judge, Supreme Court of India, Hon’ble Chief Justice Alok Aradhe, High Court for the State of Telangana, Hon’ble Justice A.H.M.D Nawaz, Senior Judge, Supreme Court of Sri Lanka, and Dr. Peter D. Maynard KC, President, Commonwealth Lawyers Association.

In his keynote address, Hon’ble Justice Gavai called Med-Arb a “pragmatic blueprint” for efficient problem-solving, while Chief Minister Reddy lauded IAMC Hyderabad’s pivotal role in enhancing Hyderabad’s global stature in dispute resolution. The ceremony highlighted the need for collaboration among governments, judiciary, and legal professionals to advance innovative mechanisms like Med-Arb.

Session Highlights from the Conference

Session 1: Med-Arb Model – Bridging Mediation and Arbitration

(Featuring Mr. PVS Giridhar, Dr. Peter D. Maynard KC, Mr. Duncan Turner SC, Mr. Ashok Kumar P, and Mr. Abhishek Anand)

This session featured Dr. Peter D. Maynard KC, Mr. Duncan Turner SC, Mr. Ashok Kumar P, and Mr. Abhishek Anand, with Mr. PVS Giridhar moderating. The panel explored Med-Arb’s unique ability to combine mediation’s flexibility with arbitration’s enforceability. Dr. Maynard emphasized maintaining confidentiality and suggested separating mediator and arbitrator roles. While, Mr. Turner advocated for embedding Med-Arb clauses in contracts to counter negotiation stigma.

The session concluded with compelling statistics showing Med-Arb resolves cases 40–50% faster and at 25–30% lower costs than litigation, establishing it as a structured and cost-effective alternative.

Session 2: Building Bridges – Mediation in Construction Disputes

(Featuring Ms. Nandini Gore, Mr. Sumant Nayak and Mr. Julien Kavaruganda)

Esteemed Panelists Mr. Julien Kavaruganda, Ms. Nandini Gore, and moderator Mr. Sumant Nayak delved into the critical role of mediation in resolving construction disputes. Mr. Nayak remarked, “Dispute is inevitable, but combat is optional,” stressing mediation’s role in fostering collaboration. Ms. Gore also emphasized on the need for technical experts in handling complex cases, while Mr. Kavaruganda highlighted the challenges of government-involved disputes especially in the nation of Rwanda, by urging robust frameworks with empowered decision-makers.

The session demonstrated how mediation delivers cost-effective resolutions while preserving professional relationships.

Session 3: Arbitration in Commonwealth Countries – Similarities and Differences

(Featuring Hon’ble Thiru. Justice B. Rajendran, Hon’ble Justice A.H.M.D. Nawaz, Hon’ble Justice Dato’ Mary Lim Thiam Suan and Mr. Pranaya Goyal)

This session featured Hon’ble Justice A.H.M.D. Nawaz, Hon’ble Justice Dato’ Mary Lim Thiam Suan, Mr. Pranaya Goyal, and moderator Hon’ble Thiru. Justice B. Rajendran. The distinguished Panelists explored diverse arbitration frameworks across the Nations of the Commonwealth, highlighting both similarities and differences. Justice Nawaz emphasized legislative nuances across jurisdictions, while Justice Dato’ Lim outlined the shared pro-arbitration stance of Malaysia, Singapore, and Hong Kong, all following the UNCITRAL Model Law. Furthermore, Mr. Goyal contrasted India’s acceptance of the Group of Companies doctrine with its rejection in Singapore and the UK. The session concluded with a discussion on efficiency, legislative adaptability, and the importance of party autonomy.

Session 4: Resolving Governance Disputes in Sports Through Med-Arb

(Featuring Mr. Aruneshwar Gupta, Mr. Rajiv Dutta, Mr. Brian Speers and Ms. Nandini Gore)

Hosted by Karanjawala & Co., this session delved into governance complexities in sports. Panelists stressed Med-Arb’s role in resolving time-sensitive disputes while preserving the integrity of sports governance. Discussions covered the Ethics Commission’s role in the Commonwealth Games and India’s Sports Code 2011. The importance of balancing autonomy with governance was emphasized, especially in contexts like athlete eligibility and election disputes.

Most importantly, the panel stressed the urgent need for dedicated sports arbitration and mediation frameworks in India, pertinently noting the short career span of the athletes and the criticality of swift dispute resolutions.

Session 5: Arbitrability of Disputes – Exploring Boundaries and Frameworks

(Featuring Mr. Divyesh Menon, Mr. V. Bala, Mr. Srikanth Navale, Ms. Purnima Kamble, Mr. Vikram Pooserla, and Mr. Sanjay Kishore,)

Hosted by Tatva Legal and Rajah & Tann Asia, panelists analysed statutory provisions affecting arbitrability, including intellectual property and real estate disputes. Contrasts between India’s cautious approach and Singapore’s pro-arbitration stance were highlighted. The challenges in arbitrating oppression and mismanagement claims were also debated, with discussions on ensuring justice in statutory rights cases.

The panel examined complex arbitrability issues, including the distinction between rights in rem and in personam. Mr. Bala contrasted India’s cautious arbitration approach with Singapore’s pro-arbitration stance, while Ms. Kamble highlighted the importance of well-drafted arbitration agreements. The session addressed the potential of arbitration to address diverse disputes while navigating jurisdictional and statutory challenges.

Session 6: Addressing Climate Change Through ADR

(Featuring Mr. Shujath Bin Ali, Mr. Benjamin Sanderson, Mr. Shiv Sapra, Ms. Shirin Khajuria and Mr. C. Mohan Rao )

This compelling session brought together Ms. Shirin Khajuria, Mr. C. Mohan Rao, Mr. Benjamin Sanderson, Mr. Shiv Sapra, and moderator Mr. Shujath Bin Ali to discuss how ADR mechanisms can address climate change and sustainability disputes effectively. Mr. Sapra emphasized that “climate change is no longer an issue of the future; it’s already here,” urging swift global action. Ms. Khajuria advocated for mediation as a collaborative approach to resolving disputes over resources, migration, and environmental degradation. Mr. Sanderson noted the role of international law in defining state responsibilities, balancing sustainability with economic growth, and addressing disputes like the Eco Oro arbitration case. The panel called for innovation, inclusivity, and global cooperation, highlighting ADR’s potential to facilitate equitable resolutions in climate-related conflicts.

Session 7: Mitigating Risks in M&A and Investments

(Featuring Mr. Basava Rao, Mr. Sanjay Jesrani, Mr. Shailendra Komatreddy, Mr. Avinash Pradhan, and Mr. Jayesh Sanghvi)

This session featured Mr. Sanjay Jesrani, Mr. Shailendra Komatreddy, Mr. Avinash Pradhan, and Mr. Jayesh Sanghvi, moderated by Mr. Basava Rao, and explored key strategies for managing risks in mergers, acquisitions, and investments.

The discussion highlighted the importance of thorough due diligence, emphasizing the role of steering committees in addressing valuation gaps and unforeseen disputes. Mr. Pradhan discussed the challenges posed by regulatory compliance in cross-border transactions, particularly in sectors like IT and healthcare. Mr. Sanghvi, meanwhile focused on the necessity of arbitration clauses and risk-sharing mechanisms in contracts, whilst Mr. Jesrani shared practical insights on mitigating cultural and operational risks in post-merger integrations. The session underscored the importance of robust structuring and preparation to ensure smoother transactions and sustained success, when it comes to M&A and Private Investment.

Session 8: Insolvency and Bankruptcy Code – Can Med-Arb Enhance Efficiency?

(Featuring Hon’ble Sri Justice P. Sam Koshy, Mr. Dama Seshadri Naidu, Mr. Guru Krishna Kumar and Mr. VVSN Raju)

Moderated by Mr. Dama Seshadri Naidu; this session featured Hon’ble Sri Justice P. Sam Koshy, Mr. Guru Krishna Kumar, and Mr. VVSN Raju, who explored the potential of Med-Arb in insolvency and bankruptcy processes under the IBC. Justice Koshy emphasized Med-Arb’s ability to streamline proceedings, ensure timely resolutions, and reduce stakeholder conflicts. Mr. Krishna Kumar highlighted the critical role mediators play in fostering trust and communication between creditors and debtors, while Mr. Raju discussed the need for structured frameworks to enhance mediation’s efficacy in insolvency cases. The panel advocated for legislative changes to integrate Med-Arb into the IBC, emphasizing its capacity to expedite resolutions, reduce costs, and improve outcomes for all stakeholders.

Session 9: Future Trends in ADR – AI and Evolving Technologies

(Featuring Ms. Shalaka Patil, Ms. Isha Sinha, Mr. Mohammed Shameer, Mr. Venkat Kolluru and Ms. Seshanuradha Chava)

This forward-looking session, moderated by Ms. Shalaka Patil, featured insights from Ms. Isha Sinha, Mr. Venkat Kolluru, Mr. Mohammed Shameer, and Ms. Seshanuradha Chava on the transformative role of AI and emerging technologies in ADR. The panel explored how tools like Harvey AI and TERES are streamlining arbitration workflows, while blockchain and smart contracts are revolutionizing dispute resolution in intellectual property and contractual disputes. Ethical concerns, including AI’s reliability and the balance between automation and human judgment, were debated, and even case studies on ODR platforms that demonstrate AI’s scalability across industries such as banking, IT, and healthcare. The Panelists emphasized that while AI can enhance efficiency; human expertise still remains critical for ensuring empathy, fairness, and effective decision-making in dispute resolution.

Session 10: Training and Certification of Mediators

(Featuring Mr. A.J. Jawad, Mr. U. Vijay Metha, Mr. JP Sengh, Mr. Gregory Vijayendran SC and Mr. Brian Speers)

This session featured an esteemed panel of Mr. Gregory Vijayendran SC, Mr. Brian Speers, Mr. JP Sengh, and Mr. U. Vijay Metha, moderated by Mr. A.J. Jawad. The discussion revolved around the importance of globally consistent training standards for mediators, starting with the foundational 40-hour programs that incorporate roleplays, ethics, and practical applications. Mr. Speers highlighted Scotland’s assessment-based accreditation, whilst Mr. Vijayendran emphasized the significance of reflective practice and mentorship in improving mediator effectiveness. The panel also addressed challenges in standardizing individual accreditation across cultures, stressing the need for adaptability and cultural sensitivity in cross-border mediation. Various innovative approaches, including AI-assisted mediation training, were also discussed, with the panelists eventually agreeing on the necessity of global collaboration to ensure that mediators are well-equipped to handle disputes that are very diverse in nature.

 Session 11: Debate – Should Mandatory Mediation Precede Arbitration?

(Featuring Mr. Prashant Sen, Ms. Purnima Kamble and Mr. Duncan Turner)

The debate on mandatory mediation in international commercial disputes featured Mr. Prashant Sen and Mr. Duncan Turner, moderated by Ms. Purnima Kamble. Mr. Sen first set the tone by arguing first, against mandatory mediation. He highlighted inefficiencies and risks of delaying resolutions in complex cases. He also further stated, “Compulsory mediation undermines party autonomy and may result in low success rates, as seen in global studies.”

Conversely, from the other end, Mr. Turner championed mandatory mediation as a tool for fostering early resolutions, saving time and resources. He emphasized that properly trained mediators can unlock opportunities for collaboration and understanding among disputing parties. He remarked, “It’s clear that the issue is with the implementation of the law and the system, and not the law itself”.

The session concluded with a consensus on the need for tailored frameworks, allowing parties to voluntarily adopt pre-arbitration mediation, balancing efficiency with respect for autonomy in international disputes.

 Valedictory Ceremony

(Featuring Mr. A.J Jawad, Hon’ble Sri Justice B. Vijaysen Reddy, Hon’ble Mr. Justice Pamidighantam Sri Narasimha, Hon’ble Smt. Justice Moushumi Bhattacharya, Sri. A. Sudarshan Reddy, Mr. Tariq Khan, Mr. Santhaan Krishnan)

The valedictory ceremony was a fitting conclusion to the landmark conference, emphasizing the transformative power of alternative dispute resolution (ADR) in addressing complex challenges. Hon’ble Justice P.S. Narasimha of the Supreme Court of India delivered an inspiring address, advocating for ADR’s independence and flexibility. He emphasized the need for private remedies to be governed by professionals rather than courts, ensuring that dispute resolution remains agile and adaptable. Justice Narasimha also called for collaboration among arbitration and mediation institutions to develop effective principles for dispute resolution, rather than relying solely on government interventions.

Hon’ble Justice Moushumi Bhattacharya shed light on the interplay between India’s Mediation Act 2023 and the Arbitration and Conciliation Act of 1996. She discussed the importance of refining ADR frameworks to address cross-border disputes effectively, making arbitration and mediation more accessible to a wider range of stakeholders. Justice Bhattacharya highlighted the need for inclusivity in ADR mechanisms to ensure justice for marginalized groups.

Hon’ble Justice Vijaysen Reddy focused on the practical benefits of mediation in reducing court burdens. He emphasized mediation’s potential in resolving family and landlord-tenant disputes, stressing the importance of fostering trust and communication among parties.

The ceremony concluded with a collective vision of ADR as a cornerstone of modern justice systems. The speakers inspired attendees to champion innovations in ADR, allowing collaboration and adaptability to meet evolving global challenges.

Authored by
Nikshita Niranjan, Senior Associate Counsel, IAMC
Johan Dax, Intern IAMC and Student, Christ University Bangalore