New Delhi, 7 th June, 2019: In an effort to cater to India’s burgeoning infrastructure and construction industry, the Nani Palkhivala Arbitration Centre hosted a workshop on “Damages in Construction Arbitration”. The workshop was curated by Mr. Shashank Garg (Partner, Advani & Co.), Member, NPAC Advisory Council.
The event commenced with Hon’ble Mr. Justice Dipak Misra, Former Chief Justice of India, introducing the topic and announcing that “I have come here to learn and I will go back from here a better student.” He then went on to present his views on key issues related to damages in construction arbitration in today’s time.
The introductory remarks were soon followed by a presentation by Professor Douglas Jones AO, a leading independent international commercial and investor-state arbitrator, along with Professor Janet Walker, C.Arb, a reputed international dispute resolution specialist in Canada. Both the panellists discussed at length the issues related to damages in construction arbitration.
By 2025, the construction market in India is expected to emerge as the third largest globally, while construction output is expected to grow on average by 7.1% each year. In the backdrop of these statistics, the panel discussed multiple perspectives related to damages in international arbitration, including considerations regarding Bifurcation of Damages, How Experts can Assist the Tribunal (and the Parties) and Categories of Damages. They also highlighted the extent and role of the experts appointed to assist the Tribunal and the parties.
Highlighting the special challenges faced by arbitration experts, Professor Walker said arbitration tribunals can’t oversee if a civil order is being carried out. “They don’t have powers to enforce civic orders, because specific orders often require some sort of supervision, or oversight to ensure they are performed, and this may carry on to a period where the tribunal no longer exists, unlike judges in courts,” she said. However, she said she believes that effective use of arbitration experts can be remarkably helpful in controlling this delay in time and associated costs.
Enlisting the steps that developing countries like India should take in making arbitration better, Professor Doug Jones said, “I think the amendments that have been made to the Indian Arbitration Act, have made a substantial difference. In some cases, I have found the changes to the Act, particularly limiting the time in which arbitration needs to be concluded has meant that one can have the process efficiently and quickly completed. To have effective commercial arbitration for international investors in India is a key to attracting FDI and I think the government recognizes that too.”
The presentation by the panellists was followed by an interactive session with the audience. Various questions were put up by the audience which had many seasoned arbitration practitioners, young arbitration enthusiasts and law students in attendance at the event. Mr Gaurav Pachnanda, Senior Advocate at Supreme Court and Director at NPAC later presented his concluding remarks accompanied with a vote of thanks to the dignitaries for their presence.
About Nani Palkhivala Arbitration Centre (NPAC)
Founded in 2005, NPAC is the only Arbitration forum in South India to have been formally recognised by the Madras High Court. With the inauguration of its branch in Delhi last year, it also became the first Indian Arbitration Institute to have two centres in the country. NPAC is modelled on the lines of International Arbitration Centres, and aims at providing world class arbitration facilities by facilitating Ad hoc and Institutional Arbitration in both the public as well as private domain. For further
Information please visit – http://www.nparbitration.com/
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