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    Arb

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    Ananya Rajendra Deshpande
    Ankit Virmani discusses his experience transitioning from court litigation to arbitration. He notes that arbitration has many efficiencies over courts as it is generally faster and involves specialized adjudicators. The key aspects of arbitration that he outlines are: - Arbitration involves adjudication of disputes by a neutral third party arbitrator, by consent of the parties. - Commercial claims, contract disputes, and some tort claims are typically arbitrable. - It is important for arbitration lawyers to guide clients on properly drafting arbitration agreements. - Gaining experience in moots and writing on arbitration topics helps build skills as an arbitration lawyer.

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    Arb

    Uploaded by

    Ananya Rajendra Deshpande
    17 views2 pages
    Ankit Virmani discusses his experience transitioning from court litigation to arbitration. He notes that arbitration has many efficiencies over courts as it is generally faster and involves specialized adjudicators. The key aspects of arbitration that he outlines are: - Arbitration involves adjudication of disputes by a neutral third party arbitrator, by consent of the parties. - Commercial claims, contract disputes, and some tort claims are typically arbitrable. - It is important for arbitration lawyers to guide clients on properly drafting arbitration agreements. - Gaining experience in moots and writing on arbitration topics helps build skills as an arbitration lawyer.

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    Ankit Virmani discusses his experience transitioning from court litigation to arbitration. He notes that arbitration has many efficiencies over courts as it is generally faster and involves specialized adjudicators. The key aspects of arbitration that he outlines are: - Arbitration involves adjudication of disputes by a neutral third party arbitrator, by consent of the parties. - Commercial claims, contract disputes, and some tort claims are typically arbitrable. - It is important for arbitration lawyers to guide clients on properly drafting arbitration agreements. - Gaining experience in moots and writing on arbitration topics helps build skills as an arbitration lawyer.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    17 views2 pages

    Arb

    Uploaded by

    Ananya Rajendra Deshpande
    Ankit Virmani discusses his experience transitioning from court litigation to arbitration. He notes that arbitration has many efficiencies over courts as it is generally faster and involves specialized adjudicators. The key aspects of arbitration that he outlines are: - Arbitration involves adjudication of disputes by a neutral third party arbitrator, by consent of the parties. - Commercial claims, contract disputes, and some tort claims are typically arbitrable. - It is important for arbitration lawyers to guide clients on properly drafting arbitration agreements. - Gaining experience in moots and writing on arbitration topics helps build skills as an arbitration lawyer.

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    Arb- Ankit Virmani Notes

    Practices dispute resolution and how you can get into it-
    His experience- placed at Wadia Gandhi and got into arb-arb is faster passed than courts.
    Court experience packed into a short time. Arb- lot of efficiencies. Practiced on original side-
    substitute for civil suit in courts.
    - In 5 yrs, only suits that reached end were settlement suits. Most parties today agree
    for a settlement. Arb proliferated bcz of disillusionment from litigation.
    - WHAT is ARB
    Involves adjudication, before a neutral individual third party who assumes some
    powers of a court. This emanates from the consent of the parties. They also choose the
    disputes they will decide on. Arbitrators are lawyers, judges or subject matter experts.

    What kind of disputes are arbitrable-


    Tort claims, commercial claims, also specific enforcement of contracts. So you’ve to
    be a master in contract law.

    NEVER go
    - Insolvency Disputes
    - Criminal cases
    Litigators in India also practice arb, bcz it is not as well developed, Arb is a subset of
    litigation. An Arb lawyer has to guide client on how to draft arb agreements to ensure they
    have a cheaper alternative to courts.
    Do moots and write papers on specific topics to build the aptitude to be an arb lawyer. Arb is
    voluminous. You get an interested and efficient opposite party and adjudicator. Don’t fluff
    that you’ll always win- give best case, middle case and worst-case scenario. It is fruitfil and
    rewarding. You can decide your seat and venue of hearing.
    Time limit also decided, not as long spaced daes.
    Second-gen lawyer- introduced to variety if cases in family firm. Smaller chambers in dispute
    resolution give you more work. DO your internships carefully. Try to get an experience of
    international arbitration too.
    LEGAL SECREATRY to tribunal-
    Help in research, drafting and help in conducting arbitration. Arbitarl institutions are
    professional bodies that conduct arbitration. PANELS of Tribunal Secretary in intl arb
    forums.

    Q: How to deal with technical Arb proceedings-


    Do pre-readings on construction contracts, read online articles on narrow subjects. Read
    judgements of Delhi and Bomabay HC where parties go to contract for enforcement of
    awards.
    Q: Do ad hoc arbs also take tribuanal secretaries.?
    Arbitrators take interns. Happens in ad hoc as well
    Q; What about when the finality of awards has lost its gravitas- court goes into merits of
    arbitration too
    A large volume of 34s-petitions challenging awards are also dismissed by the courts. As
    lawyers advice clients to not go for frivolous appeals. Write better and crystal clear arbitral
    award.
    What is the differentiating factor between awards accepted for challenge and not
    A- Award against client who would go bankrupt, challenged London’s arbitrator’s award
    in Jamkambhaliya (Gujrat). They managed to delay execution of award.
    Q: How to approach Arb with the perspective of academic wrting
    - Pick a current topic; with not a lot of literature, know the law, and then give an
    opinion.
    SC on NM Global- put stamp duty on arbitration agreement

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