INDIAN JOURNAL OF ARBITRATION LAW

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1 Lorem Ipsum INDIAN JOURNAL OF ARBITRATION LAW Centre for Advanced Research & Training in Arbitration Law

The University s curricular innovations revise the rich traditions to keep pace with rapidly evolving legal, economic, and technological developments.

2 Established under the National Law University, Jodhpur, Act, 1999 (Act No. 22 of 1999), the University is a pioneer in providing legal education with its commitment to critical analysis of law, legal institutions, and legal education itself. The University s curricular innovations revise the rich traditions to keep pace with rapidly evolving legal, economic, and technological developments. The motto of the University knowledge is empowerment is not without an element of truth. With its continued focus on the law in action, the University has established research centres with the dual objective of knowledge creation and dissemination. Centre for Advanced Research & Training in Arbitration Law The Centre for Advanced Research & Training in Arbitration Law [CARTAL] is one such initiative which has been established with the objective of training future lawyers in the theory and practice of arbitration law by facilitating dialogue between the students of the University and renowned practitioners and academicians. The Centre recognises that the conditions associated with globalization have transformed the field of arbitration from a private, informal regime of dispute resolution controlled by a small epistemic community into a more formal, legalistic and increasingly institutionalized regime. Keeping these changes in mind, the Centre aims at providing a high-level academic forum for the exchange of ideas on salient issues and current developments in the field of International Arbitration and aspires to cultivate it as an area of distinctive focus, in terms of both student and faculty engagements and outreach programmes. To promote ideas, which indeed are the precursors to change in the world; CARTAL has decided to launch the Indian Journal of Arbitration Law, a biannual, student reviewed e-journal.

Indian Journal of Arbitration Law The process of rapid globalization has been making Arbitration the most sought after dispute resolution mechanism.

entrepreneurs and corporations, it is usually the prevalent myriad of law, which is of greater consequence.

3 Indian Journal of Arbitration Law The process of rapid globalization has been making Arbitration the most sought after dispute resolution mechanism. Even though high growth figures, expanding market and increasing investment are integral features of the Indian economy, which portray India as one of the most lucrative destinations for entrepreneurs and corporations, it is usually the prevalent myriad of law, which is of greater consequence. This factor makes determination of commercial disputes based on the willingness of the parties a preferred option over the traditional means of dispute resolution. The Indian Journal of Arbitration Law seeks to further the objective of serving as a platform for expression of views for both scholars and practitioners and seeks to evaluate arbitration as an effective means of alternative dispute resolution. The Journal strives to inculcate the prevalent theories in the field of arbitration with their practical relevance. The editorial board seeks to achieve this feat by including contributions from individuals with varied expertise of practicing arbitration and by focusing on developing trends. In this regard, the board would give due emphasis to the rich thought processes of students of law, who bring to the forefront the innovative academic research currently underway in most law schools all over the world. Inclusion of changing regional trends will play a vital part in understanding the scope and extant of this discipline and would therefore find due importance in the Journal. EDITORIAL ADVISORY BOARD Mr. Fali S. Nariman He is a reputed Indian constitutional jurist and a senior advocate of the Supreme Court of India since He is a recognised authority on international arbitration. He has served as President of International Council for Commercial Arbitration since 1994, President of the Bar Association of India since 1991, Vice-Chairman of the Internal Court of Arbitration of the International Chamber of Commerce since 1989, honorary member of the International Commission of Jurists since 1988 and part of the London Court of International Arbitration since He was appointed to the Advisory Board of the United Nations Conference on Trade and Development in November 1999, and served as Chairman of the Executive Committee of the International Commission of Jurists from 1995 to Also, he is the recipient of the Padma Vibhushan (2007) and Padma Bhushan (1991). Prof. Martin J. Hunter Prof Hunter is a world-renowned author and practitioner in International Arbitration. Appointed to the newly-established chair of International Dispute Resolution at Nottingham Trent University as Professor Emeritus; he is also a visiting professor at King's College, London University. His books include Law and Practice of International Commercial Arbitration (with Alan Redfern). He has served as adviser, advocate, co-arbitrator, sole arbitrator or presiding arbitrator in several hundreds of cases since approximately 1975.

Shri S.K.Dholakia As a Senior Advocate at the Apex Court, Mr. S.K. Dholakia is an expert practitioner in the field of International Commercial Arbitration.

Dholakia, in the past, has also served as a Member of the ICC Court of International Arbitration, Paris and as Member at the Arbitration Committee of International Law Association, London.

Alternate Dispute Resolution, New Delhi as well as the Construction International Arbitration Council.

4 Shri S.K.Dholakia As a Senior Advocate at the Apex Court, Mr. S.K. Dholakia is an expert practitioner in the field of International Commercial Arbitration. He has been a consultant to the Government of India on the proposed amendments to the Arbitration and Conciliation Act, Mr. Dholakia, in the past, has also served as a Member of the ICC Court of International Arbitration, Paris and as Member at the Arbitration Committee of International Law Association, London. He is currently the Vice- President at the Asia Pacific Regional Arbitration Group based in Seoul, an advisor to LCIA (India) Member of the Executive committee at the International Council of Alternate Dispute Resolution, New Delhi as well as the Construction International Arbitration Council. He is also the author of a book on Company Law and of numerous articles on arbitration published in India and outside India. Mr. Gary B. Born Consistently ranked as the world's preeminent authority on international commercial arbitration and international litigation, Mr. Born has participated in more than 550 international arbitrations, including four of the largest ICC arbitrations and several of the most significant ad hoc arbitrations in recent history. He is chair of the International Arbitration and International Litigation practices at the international law firm, Wilmer Cutler Pickering Hale and Dorr LLP, and the author of a number of commentaries, casebooks and other works on international arbitration and litigation. Mr. Born s treatise on International Commercial Arbitration is cited as the standard text in the field of international arbitration. In 2008, Mr. Born acted as lead counsel in the Abyei Arbitration, conducted under the auspices of the Permanent Court of Arbitration in the Hague at the Peace Palace. He represented the Sudan Peoples Liberation Movement/Army ( SPLM/A ) in the arbitration, implementing the 2005 Comprehensive Peace Agreement, between the Government of Sudan and SPLM/A. Prof. Lakshmi Jambholkar Prof. Jambholkar is one of the most respected names in legal studies and research with more than 37 years of teaching experience and more than 40 years of research output. She is a member of many eminent bodies like Indian Council of Arbitration, Panel of Conciliators of International Centre for Alternative Dispute Resolution, Law Commission of India (former part time member), etc. She has received accolades and rewards like the 20 th Karnataka State Sammelan Award: Samman Patra in the recognition of her services in the area of legal studies in 2003 and the Jewel of India Award, by International Business Council, Mr. Promod Nair Mr. Nair, is a partner at J. Sagar and Associates, Bangalore. He has completed his LL.M from University of Cambridge in 2002 (where he was awarded the Clive Parry Prize in International Law). He did his LL.B. from National Law School, Bangalore in His last assignment was with Herbert Smith LLP, London in their international arbitration group. He is a solicitor advocate with higher rights of audience in England and Wales, and is also enrolled as an advocate in India. He is a former visiting fellow of the Lauterpacht Centre for International Law at University of Cambridge.

5 EDITORIAL TEAM CHIEF PATRON Justice N. N. Mathur Hon ble Vice-Chancellor FACULTY ADVISOR Mr. Harisankar K.S. Assistant Professor Executive Director, CARTAL STUDENT EDITORIAL BOARD Editor-in-Chief Executive Editor Managing Editor Aritra Roy S.N. Chidambara Sastry Manu Thadikaran Senior Editors Akansha Dubey Aayush Kumar Juneja Bharatendu Agarwal (Content) (Production) (Layout & Design) Associate Editors Riya Lala Manisha Singh Ishita Das

6 CALL FOR PAPERS Indian Journal of Arbitration Law is pleased to announce its inaugural edition, which is to be published in July this year. The theme for the inaugural edition would be: India's tryst with Arbitration: Are we heading in the right direction? The Board of Editors cordially invites original, unpublished submissions for publication in the following categories: Articles Notes Comments and Book Reviews For further details regarding publishing policy and guidelines please visit us at: Manuscripts may be submitted via . In case of any further queries, please contact the editors at: Last Date for Submissions: 15 June 2012 NH-65, Nagour Road, Mandore, Jodhpur (Raj.) INDIA CARTAL Logo Designed by Rameshwari Rao, Candidate 2013, NLU Jodhpur

Denis Brock Partner. Experience

Denis Brock Partner. Experience Denis Brock Partner Hong Kong D: +852-3512-2388 dbrock@omm.com Denis Brock is the Chair of O'Melveny's International Disputes and Arbitration Practice and the regional head of the Asia Litigation Practice.