LEGAL AND PROCEDURAL ISSUES IN INITIATION AND CONDUCT OF INTERNATIONAL COMMERCIAL ARBITRATION

The webinar was presented by the Speaker M. SRINIVASAN Founder, CENTRE FOR LEGAL EDUCATION & APPLIED RESEARCH (Regd.) on the topic "LEGAL AND PROCEDURAL ISSUES IN INITIATION AND CONDUCT OF INTERNATIONAL COMMERCIAL ARBITRATION" on June 11, 2020 around 10.00 AM. The session starts with the aspects of legal and procedural in initiating and conducting the International Commercial Arbitration. It started with the basics that included that Section 2(1)(f) of The Arbitration and Conciliation Act, 1996, defines an International Commercial Arbitration. The scope of this section was determined by the Supreme Court in the case of TDM Infrastructure Pvt. Ltd. v. UE Development India Pvt. Ltd , where in spite of the company having a foreign control, the Supreme Court concluded that, “a company incorporated in India can only have Indian nationality for the purpose of the Act.” Further it involves answering questions such as  When Arbitration is Deemed to be International and Why Arbitration preferred in solving International Disputes. It came to know that the International commercial arbitration is used as a Speedy dispute solving mechanism, It is more readily and swiftly enforced as compared to the court judgements and Arbitrator chosen may be an expert in solving International Problems. The session concludes with the recent significant increase in international businesses operating out of India. This has led to an increase in international arbitrations having its seat of arbitration in India.