Blog Post: Construction Law and Arbitration Discussions in Delhi and Hyderabad, India

30 August 2023

Over the last two weeks, Prof Doug Jones AO and Prof Janet Walker CM have had the privilege of engaging in discussions on topical issues in construction law and arbitration in Hyderabad and Delhi, India, as listed below.

In Hyderabad, a visit to NALSAR University of Law, including a presentation on ‘Issue Resolution in Construction Projects’ (slides available here). Janet and Doug discussed strategies to pre-empt and resolve project disputes, including third-party assistance, dispute boards, and other ADR methods. A further Q&A discussion was moderated by Dr K Bikshapathi (Vice Chancellor of NALSAR) and Tariq Khan (Registrar of the International Arbitration and Mediation Centre of Hyderabad).

A meeting at the Indian School of Business, Hyderabad, with the Directors of Executive Education, Madhu Krishnamoorthy and Ajay Singh, and of Career Advancement, K Hari.

A panel discussion on ‘Understanding Construction Arbitration ’, which highlighted, for the CREDAI (Confederation of Real Estate Developers Association of India) Showcase, the distinctive features of arbitrating construction disputes. The panel was moderated by Tariq Khan (Registrar of the International Arbitration and Mediation Centre of Hyderabad), Janet and Doug were joined by Vincent Rowan (King & Spalding).

Presenting Masterclasses on Arbitration Practice and Procedure. Janet presented on ‘Advocacy in Arbitration (The Role of the Hearing)’, including the many opportunities for advocacy during the process and how to make the most of the hearing (slides available here). Doug presented on ‘Ways in Which Parties’ Cases May Be Presented’, including the presentation of written submissions, and options to engage with the tribunal prior to and during the hearing (slides available here). The event was hosted by Hyderabad International Arbitration and Mediation Centre (HIAMC), King & Spalding, and FTI Consulting, and Janet and Doug were joined by Vincent Rowan (King & Spalding), and Karthik Balisagar & Lee Baker (FTI Consulting).

A panel discussion hosted by HIAMC and FTI Consulting on ‘Emerging Best Practices in the Use of Experts to Increase the Value Proposition in Arbitration’, covering the procedure for engaging experts, tools and techniques used to streamline expert testimony such as ‘hot-tubbing’, and the value of experts in the Indian arbitration context. Karthik Balisagar (FTI Consulting) moderated the panel, which also included Vincent Rowan (King & Spalding) and Lee Baker (FTI Consulting), while a keynote address was delivered by the Hon Justice Alok Aradhe.

In Delhi, a discussion panel on ‘Due Process Paranoia in Arbitration’ hosted by the India International Arbitration Centre (IIAC) and Alvarez & Marsal, which covered the meaning and examples of ‘due process paranoia’, its impact on the arbitration process, and measures to mitigate that impact whilst upholding due process. The panel was moderated by Shashank Garg, and Janet and Doug were joined by the Hon Justice Vibhu Bakhru and the Hon Justice Sachin Datta.

Speaking at a conference on ‘Arbitration in India: Past, Present & Future’, hosted by the Delhi Young Arbitration Lawyers’ Forum, the Indian International & Domestic Arbitration Centre (IIDAC), and Manipal Law School, Bangalore. Doug spoke on the potential for arbitration to benefit the Indian economy and legal profession, alongside challenges for domestic arbitration and solutions drawn from international arbitration practice (speaking notes available here). Doug was joined by the Hon Justice Rajesh Bindal, the Hon Justice Krishan Murari, the Hon Justice Vijender Jain, the Hon Justice Abhay Gohil, Sanjay Jain, Sushil K Hain, Prof Avinash Dadhich, and Sonal Kumar Singh.

We extend our sincerest thanks to all the hosts of these events, and esteemed fellow speakers, for facilitating enriching and nuanced discussions on key issues in construction law and arbitration. Looking forward, we are eager to continue developing our relationship with the Indian legal profession, and to continue these insightful dialogues.