In an effort to foster insightful discourse on the evolving landscape of dispute resolution, the International Arbitration and Mediation Centre (IAMC) in Hyderabad hosted a significant Roundtable Conference on August 21, 2024. This event, organized in collaboration with WongPartnership LLP of Singapore and Samvad Partners of Hyderabad, focused on the contentious topic of whether mandatory mediation should precede arbitration in resolving commercial disputes.
The event commenced with opening remarks by Hon’ble Mrs. Justice Surepalli Nanda, Judge of the High Court for the State of Telangana. She emphasized the crucial role of mediation within the framework of justice, particularly under the Mediation Act of 2023. Justice Nanda highlighted that international mediation, after navigating numerous challenges, has emerged as a pivotal method for resolving cross-border disputes.
A lively debate then ensued, centered on the motion: “This House Believes That Mandatory Mediation Should Precede Arbitration in Resolving Commercial Disputes.” Advocating for the motion, Ms. Koh Swee Yen SC, Partner at WongPartnership LLP, underscored how mediation uncovers the underlying issues in disputes, thereby better preparing parties for arbitration. In contrast, Mr. S. Ravi, Senior Advocate at the High Court for the State of Telangana, argued against the motion, stressing that the success of mediation in India hinges on its voluntary nature and the necessity for well-trained mediators.
The debate, moderated by Ms. Ekta Bahl, Partner at Samvad Partners, featured preliminary and concluding votes from the audience, revealing a notable shift in perspectives post-discussion. The conference concluded with a dynamic roundtable discussion, where leading general counsels, ADR practitioners, and senior advocates shared their insights, further enriching the conversation.
The event, marked by robust participation and thought-provoking dialogue, represented a significant stride in promoting mediation as an essential component of dispute resolution in India. The collaboration between IAMC Hyderabad, WongPartnership LLP, and Samvad Partners underscores the growing importance of international cooperation in the legal field.
