OCTOBER 21ST TO 23RD, 2016 NEW DELHI, INDIA

National InitiativeTowards Strengthening

Arbitration andEnforcement in India

Supporting international institutions

O r g a n i s e d by : (N at i o n a l i n s t i t u t i o n f o r t r a n s f o r m i n g i n d i a )

ABOUT theconference

International Commercial Arbitration as an alternative tool for dispute resolution is fast gaining popularity not only in India but globally since it offers the advantage of not going to the regular courts and thus saving time/costs. However, it is increasingly being observed that foreign companies entering into business contracts with Indian companies seem to prefer an international arbitral institution for dispute resolution.

Clearly, there is an urgent need for India to improve not only the dispute resolution process but also have a strong in-country mechanism to ensure that India emerges as the most preferred destination for Arbitration. This requires that the process needs to be suitably strengthened within our country by providing opportunities to professional arbitrators to hone their skills and ensuring that adequate infrastructural facilities are available. The legislature, at its end, has initiated steps to develop a supportive environment for arbitration by amending the Arbitration and Conciliation Act, 1996 in 2015. Further, the Parliament has also passed the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 to fast track disposal of commercial disputes. Taking a cue from the above developments, NITI Aayog is organising a global conference on National Initiative towards Strengthening Arbitration and Enforcement in India to promote India as a global hub for arbitration amongst international practitioners, corporate houses and the Indian legal fraternity.

This is the first time that Government through NITI Aayog, Ministry of Law and Justice, National Legal Services Authority, NILERD, International Centre for Alternative Dispute Resolution and Department of Industrial Policy and Promotion, the Judiciary, and five top international arbitral institutions (ICC, LCIA, SIAC, KLRCA and HKIAC), the legal fraternity, corporate sector as well as industry associations (FICCI, PHD Chamber of Commerce, CII and ASSOCHAM) are coming together to brainstorm on strengthening arbitration in the country.

This conference aims to provide a platform to engage the Indian legal community with the broader international commercial arbitration community especially the top-tier international arbitral institutions and all relevant stakeholders. We hope this initiative will serve as a platform for discussion on critical issues, experience sharing on international best practices and charting a roadmap to strengthen arbitration and its enforcement in the country.

This will ultimately feed into policy making for promoting international commercial arbitrations in India.

Vigyan Bhawan, New Delhi, 21st - 23rd October, 2016. Date & Venue The conference will be an intensive brainstorming session. Experts and practitioners/representatives from national and international arbitration organizations, legal practitioners, in-house counsel, industry associations, corporate representatives, small and medium enterprises as well as legal academia are welcome to attend the event.

Who ShouldAttend

For further information, contact:

Ms. Suparna Jain,OSD Legal, NITI Aayogncai-niti@gov.in+91-11-23096749

Themes and speakersfor panel discussions

21st october, 2016Inaugural session**15:30 - 05:35 P.M. Welcome by Hon’ble Mr. Justice Uday Umesh Lalit, Judge, Supreme Court of India and Chairman, Advisory Committee 05:35-05:40 P.M. Opening Address by Dr. Arvind Panagariya, Vice-Chairman, NITI Aayog05:40 - 05:50 P.M. Address by Mr. Alexis Mourre, President, ICC 05:50-06:05 P.M. Keynote Address by Mr. Arun Jaitley, Union Finance and Corporate Affairs Minister, Government of India06:05-06:20 P.M. Presidential Address by Hon’ble Mr. Justice T.S. Thakur, Chief Justice of India and Patron-in-Chief of the conference06:20-06:40 P.M. Chief Guest’s Address by Mr. Pranab Mukherjee, Hon’ble President of India06:40-06:45 P.M. Vote of Thanks by Mr. P. K. Malhotra, Member, Governing Council, ICADR06:45 p.m. National Anthem

7.30 p.m. Dinner Hosted by NITI Aayog Venue: Hotel Hyatt Regency, New Delhi After Dinner Speaker - Mr. Fali S. Nariman, Senior Advocate

**Tentative minute to minute schedule

DAy

22nd october, 2016sessions & speakers209:00 - 09:30 A.M. Registration, coffee and tea09:30 - 10:45 A.M. Panel I Theme: Setting up a World-Class Autonomous Arbitration Institution:

Looking Beyond Brick and Mortar

The session will focus on what goes into setting up a world-class arbitral institute. It will include an interaction with persons who have had a prime role in placing their

arbitral institute on the world map. Speakers will discuss the structuring they followed, the suitability for India, the state support received and the initiatives undertaken to promote their institute.

Moderator Dr. Bibek Debroy, Member, NITI AayogSPEAKER Dr. Naushad Forbes, President CII SPEAKER Mr. Arun Chawla, Assistant Secretary General, FICCI SPEAKER Prof. Datuk Sundra Rajoo, Director, KLRCA SPEAKER Mr. Cavinder Bull, Director, Dispute Resolution, Drew & Napier LLCSPEAKER Ms. Chiann Bao, Secretary General, HKIAC

DAy

210:45 12:00 P.M. Panel II Theme: India's Arbitration Act: The Good; The Not-So-Good And The Unfinished Business

This session will essentially be a critique of the 1996 Arbitration Act and the 2015 Amendments thereto. The session will also discuss possibilities for expedited dispute resolution procedures for special users/groups.

Moderator Mr. K. K. Venugopal, Senior Advocate SPEAKER Mr. Justice R.C. Lahoti, Former Chief Justice of IndiaSPEAKER Dr. Abhishek Manu Singhvi, Senior AdvocateSPEAKER Mr. Bharat Vasani, Chief Legal and Group GC ,Tata Sons LimitedSPEAKER Mr. Piyush Goyal*, Union Minister of State for Power, Coal, New & Renewable

Energy and Mines, Government of IndiaSPEAKER Mr. Ashok Lavasa, Secretary (Exp.), and Finance Secretary, Ministry of Finance,

Government of IndiaSPEAKER Prof. Mool Chand Sharma SPEAKER Mr. Suresh Chandra, Secretary, Department of Legal Affairs, Ministry of Law &

Justice, Government of India

DAy

212:00 - 1:15 P.M. Panel III Theme: Case Management of Arbitrations: Dos and Don'ts

The session will explore the best practices including dealing with errant respondents and types of sanctions that could be deployed. The session will also explore the soft laws of arbitration (the IBA Rules on Taking of Evidence in International Arbitration and the IBA Guidelines on Conflict of Interest and others) including the larger issue of the extent to which courts should give deference to these practices.

MODERATOR Mr. Justice S.S. Nijjar, Former Judge, Supreme Court of India SPEAKER Ms. Jacomijn van Haersolte-van Hof (Jackie), Director General, LCIA SPEAKER Ms. Rajinder Bassi, Partner, Kirkland & Ellis International LLP SPEAKER Mr. Abhinav Bhushan, Director, South Asia, ICC Arbitration & ADR, ICC SPEAKER Mr. Darius J. Khambata, Senior AdvocateSPEAKER Mr. Vinayak Pradhan, Consultant, Messrs. Skrine Advocates & SolicitorsSPEAKER Ms. Sarah Grimmer, Secretary General of HKIAC1:15 - 2:00 P.M. Lunch hosted by NALSA

DAy

22.00-3.15 P.M. Panel IV Theme: Court Support for Arbitrations in its Three Stages: Before, During

and Post Rendering of the Arbitral Award

The role of the court differs at different stages. While non-intervention by courts is a fundamental feature of the Indian Act, court support is vital in thwarting attempts to stall the arbitration at various stages as well as during discovery, interim measures, witness examination etc. In the challenge/enforcement stage the Indian court now wears different hats (with differing standards for domestic and international arbitrators). How this will work out in practice, and what is the right balance the courts must strike in the interest of justice? The session will also explore conflict of jurisdiction issues.

MODERATOR Hon’ble Dr. Justice Arjan Kumar Sikri, Judge, Supreme Court of IndiaSPEAKER Hon’ble Dr. Justice D.Y. Chandrachud, Judge, Supreme Court of IndiaSPEAKER Mr. Justice R.V. Raveendran, former Judge, Supreme Court of IndiaSPEAKER Mr. Janak Dwarkadas, Senior AdvocateSPEAKER Ms. Sherina Petit, Board Member, LCIASPEAKER Mr. Arvind P. Datar, Senior Advocate

DAy

23:15 - 4:30 P.M. Panel V Theme: An Outsider's Perspective of Arbitrations in India

While there are no true ‘outsiders’ in international arbitrations, this session will focus on what eminent international arbitrators have to share on India seated arbitrations. How have developed and emerging jurisdictions navigated unfamiliar waters and what lessons can usefully be drawn by India.

MODERATOR Hon’ble Mr. Justice Sharad Arvind Bobde, Judge, Supreme Court of India SPEAKER Mr. Christopher K. Tahbaz, Partner, Debevoise & Plimpton SPEAKER Mr. Nish Shetty, Partner, Head, Litigation & Dispute Resolution (Asia-Pacific),

Clifford Chance SPEAKER Mr. Benjamin Hughes, Associate Professor, Seoul National University Law School SPEAKER Mr. Christopher To, Executive Director, Construction Industry CouncilSPEAKER Prof. Douglas S Jones AO, Consultant, Clayton Utz 4.30-4.45 P.M Tea

DAy

24:45-6:00 P.M. Panel VI Theme: Experience Sharing

This session will largely have members from the user community i.e. corporate leaders and senior government officials who have been in the thick of high level disputes. They will share how arbitrations have worked for them as an ADR mechanism and also if other ADR mechanisms have fared better and if not, why. They will also share a lay perspective on their expectations from the courts, the State and the arbitration tribunals.

MODERATOR Mr. Sunil Bharti Mittal, Chairman, ICCSPEAKER Ms. Rohini Roy, Chief of Legal Operations, International Operations, BHEL SPEAKER Dr. Raghupati Singhania*, Chairman and MD, JK Tyres SPEAKER Mr. Harshavardhan Neotia, President, FICCISPEAKER Mr. Aditya Ghosh*, CEO, IndiGo AirlinesSPEAKER Mr. Raghav Chandra, Chairman, NHAI

7.30 p.m. Onwards Dinner Hosted by Law Firms After Dinner Speaker - Mr. J. William Rowley QC, Chairman, LCIA Board

DAy

23rd october, 2016309:30:10:45 A.M. Panel VII Theme: The Future of International Arbitration

This session will essentially be a brainstorming of the international judiciary on strengthening arbitration internationally focusing on India's role therein.

The session will help provide a blueprint for the steps that are critical in strengthening arbitration and its enforcement in India and across the globe.

CHAIRMAN Hon’ble Mr. Justice Jagdish Singh Khehar, Judge, Supreme Court of IndiaSPEAKERS Chief Justices from Bangladesh, Pakistan and Singapore

10:45-11:15 A.M. Tea

DAy

3DAy valedictory session**

11:30 - 11:35 A.M. Welcome by Mr. Amitabh Kant, CEO, NITI Aayog 11:35-11:40 A.M. Address by Mr. Mukul Rohatgi, Attorney General of India11:40 - 11:45 A.M. Address by Hon’ble Mr. Justice Anil R. Dave, Judge, Supreme Court of India and Executive Chairman, NALSA11:45-11:55 A.M. Address by Mr. Ravi Shankar Prasad, Union Law Minister, Government of India11:55-12:05 P.M. Presidential Address by Hon’ble Mr. Justice T.S. Thakur, Chief Justice of India12:05-12:55 P.M. Chief Guest’s Address by Mr. Narendra Modi, Hon’ble Prime Minister of India12:55-01:00 P.M. Vote of Thanks by Hon’ble Mr. Justice Manmohan, Judge, Delhi High Court and Chairman, Organising Committee

01.00 P.M. Onwards Lunch Hosted by NALSA

* To be confirmed** Tentative minute to minute schedule

AboutDelhi

Capital of the world’s largest democracy. A symbol of the country’s rich past and thriving present, Delhi is a city where ancient and modern blend seamlessly together. It is a city that not only touches your pulse but also makes it beat faster. Home to millions of dreams, the city takes on unprecedented responsibilities of realizing dreams bringing people closer and inspiring their thoughts. A vibrant city with many flavours representing various regions of the diverse country.

One can have a fascinating glimpse into the past in Old Delhi, with its labyrinth of narrow lanes, old havelis, and colourful bazaars. It is home to three World Heritage monuments—Qutub Minar, Red Fort and Humayun’s Tomb that have survived many centuries, and give an idea of architectural wonders created by emperors in the past. Delhi is close to many other heritage sites like Taj Mahal, Agra Fort, Mathura etc. It is on the golden triangle tourist circuit which attracts millions of tourists each year.

Central Delhi, with its tree-lined avenues, imposing structures and buildings such as the Rashtrapati Bhavan, Parliament House and India Gate, reflect Delhi’s colonial past. A number of museums provide a glimpse into the country’s fascinating history.

During October the temperature in Delhi ranges between 21°C-33°C.

Includes entry to all technical sessions, conference dinner on 21st and 22nd October, 2016 and lunch on 22nd and 23rd October 2016.Registration feeInvitees FeeInternational Delegates Early Bird (1 July- 15 September- US $500 Late Fee Applicants (After 16 September) - US $750Indian Delegates Senior Lawyers INR 25,000(above 10 yrs of practice)MSME and Junior Lawyers INR 5,000(below 10 years of practice)Law Firm Representative INR 10,000(Per Delegate)Industry Association INR 10,000(Per Delegate)Corporate Delegate INR 10,000 (Per Delegate)

Dinner for accompanying personsFor Day 1 INR 5,000For Day 2 INR 5,000

Registration fee Structure

NITI Aayog will be providing shuttle bus service from designated hotels to the conference venue and dinner venue, and back.Shuttle

Bus serviceNITI Aayog will provide invitation letters to the registered participants on request which would help in obtaining Visa for the conference. Please contact us on ncai-niti@gov.in with personal details and first page scanned copy of valid passport.

visa support

Travel and hotel expenses are not included in the registration fees. Participants are responsible for making their own travel arrangements and hotel reservations.M/s. Thomas Cook (India) Ltd., is our travel partner. For details regarding hotel accommodation; local sight-seeing, spouse programmes, please click on the following link- https://tciconferences.eventsair.com/niti/hotels

Travel andaccommodation

Cancellations after payment are not refundable. However, registration may be transferred to another person from the same company or organization at no extra charge, provided that notice is sent by October 15, 2016.

The organizers reserve the right to (1) postpone or change the timing and content of the programme and venue at any time; or (2) cancel the event at any time and under such circumstances, will refund the registration fee in full.

Cancellationcharge

how to register Registration is accepted only through online application available at http://arbitrationindia.in/registration/.

For any assistance, please write to: Mayuri MishraM: +91 9599332246email id: mayuri.mishra@in.thomascook.comSumit SharmaM: +91 9899544928Email id: sumit.sharma@in.thomascook.com

The primary language for the conference would be English. please let us know on ncai-niti@gov.in in case translation support is needed. Language

INTERNATIONAL CENTRE FORALTERNATIVE DISPUTE RESOLUTIONNITI Aayog

MINISTRY OF LAW AND JUSTICE

GOVERNMENT OF INDIAभारत सरकार

िविध एवं �याय मं�ाालय

ORGANISEDBY

SUPPORTINGINDUSTRYASSOCIATIONS

(National Institution for Transforming India)Government of India

www. niti.gov.in