A talk given at Lloyds Law College, NOIDA, India on the topic of "Arbitration Advocacy: law, procedure, and practice in India for young arbitration lawyers".
Law
Procedure
Practice
Student Queries (Credit: Ms. Ayushika Mishra)
Discussion
Slide from a lecture on "Arbitration Advocacy" at the Maharashtra National Law University (MNLU), Mumbai. The topics covered were:
Arbitration Advocacy
Skills: Arbitrators & Counsels
Drafting a Notice / Request for Arbitration
Procedural Order – I (PO-1)
A review of commercial dispute resolution in India and rules for foreign lawyers to practice in India. The presentation was in a series called Jour Fixe and delivered to Clifford Chance, Germany members.
2023-10-14 - Manipal Law School Construction Claims.pptxHasit Seth
A presentation for a Manipal Law School course on construction disputes. The title was "Practical Tips on Construction Disputes" and it covered:
Dispute Avoidance
Dispute Management
Dispute Resolutions
2023 Only Negotiations at AIM Prime Program at Venture Centre.pptxHasit Seth
The presentation delivered in the AIM Prime program of Venture Centre, Pune, India focussed on these topics:
1. What are Negotiations?
2. Why to Negotiate?
3. How to Negotiate?
4. Entrepreneurial Negotiations.
Technology Deals
I gave this talk at the NMIMS Law School, Navi Mumbai on 16 August 2022. Core skills of reading, writing, thinking and speaking are explored with recommended books. The intended audience is 1st year law students.
2023-09-26 MNLU Mumbai - Talk on International Arbitration.pptxHasit Seth
This was a lecture at the Maharashtra National Law University, MNLU on 26 September 2026. The topic was "International Arbitration" and it covered:
A problem to think about
Core Concepts: Place (Seat), Governing Laws
India seated International Arbitrations (IA)
Appointments
Award Challenge
“New York” Convention
Foreign Awards
Recognition
Defences
Enforcement
Slide from a lecture on "Arbitration Advocacy" at the Maharashtra National Law University (MNLU), Mumbai. The topics covered were:
Arbitration Advocacy
Skills: Arbitrators & Counsels
Drafting a Notice / Request for Arbitration
Procedural Order – I (PO-1)
A review of commercial dispute resolution in India and rules for foreign lawyers to practice in India. The presentation was in a series called Jour Fixe and delivered to Clifford Chance, Germany members.
2023-10-14 - Manipal Law School Construction Claims.pptxHasit Seth
A presentation for a Manipal Law School course on construction disputes. The title was "Practical Tips on Construction Disputes" and it covered:
Dispute Avoidance
Dispute Management
Dispute Resolutions
2023 Only Negotiations at AIM Prime Program at Venture Centre.pptxHasit Seth
The presentation delivered in the AIM Prime program of Venture Centre, Pune, India focussed on these topics:
1. What are Negotiations?
2. Why to Negotiate?
3. How to Negotiate?
4. Entrepreneurial Negotiations.
Technology Deals
I gave this talk at the NMIMS Law School, Navi Mumbai on 16 August 2022. Core skills of reading, writing, thinking and speaking are explored with recommended books. The intended audience is 1st year law students.
2023-09-26 MNLU Mumbai - Talk on International Arbitration.pptxHasit Seth
This was a lecture at the Maharashtra National Law University, MNLU on 26 September 2026. The topic was "International Arbitration" and it covered:
A problem to think about
Core Concepts: Place (Seat), Governing Laws
India seated International Arbitrations (IA)
Appointments
Award Challenge
“New York” Convention
Foreign Awards
Recognition
Defences
Enforcement
Get all the information related to companies act 2013/1956 including its rules, draft rules, forms, notifications, circulars, orders, definitions, guidelines, schedules, etc.
https://www.nclt.in/about.php
On 04 April 2020, I had the pleasure of doing a webinar for Dhruva Advisors LLP's, the leading tax and regulatory services' firm's principals and associates on "Arbitration". We covered the arbitral process and interface of tax and arbitrations, particularly India's BIT arbitrations that arose from tax disputes.
Thank you to Dinesh Kanabar and Vishal Gada for the collaboration.
Get all the information related to companies act 2013/1956 including its rules, draft rules, forms, notifications, circulars, orders, definitions, guidelines, schedules, etc.
https://www.nclt.in/
This presentation discusses the question as to whether a statute on mediation is required to be enacted in India. It argues that an ADR code has to be enacted so that dispute and its resolution are seen holistically.
PROFESSIONAL OPPORTUNITIES FOR CHARTERED ACCOUTANT IN THE ALTERNATIVE DISPUTE...CA. (Dr.) Rajkumar Adukia
This article focuses upon certain practices and scheme of ADR in india in the form of question and answer format realted to ADR, its nature of conduct whether ad hoc or administered; available platforms or forums for the better understanding to the ADR practitioners as one of the professional opportunities for Chartered Accoutants.
2024-01-09 - Protecting AI Based Software Inventions - Venture Centre / TechE...Hasit Seth
Protecting artificial intelligence based software inventions. Hasit Seth had delivered this lecture for TechEx initiative of the Venture Centre in Pune, India.
2023-06-24 Consulting Engineers Association of India - CEAI Contracts Arbitra...Hasit Seth
A class presentation for Consulting Engineers Association of India (CEAI) covering these topics:
Void Agreements
Voidable Agreements
Contract Terminology
Notice
Waiver
Estoppel
Contract Terms
Express and Implied Terms
Discharge
Repudiation
Recession
All sections referred to are from Indian Contract Act, 1872
A talk on breach of contract, contract defects, extension of time (EOT) clauses, discharge by repudiation, damages and liquidated damages in particular. This was given to a group of 80 officers of Bridge & Roof, a mini-patna EPC company of central government. The training was organised by West Bengal National University of Juridical Sciences.
Six Ingredients Of Foreign Arbitration Awards Enforceable In IndiaHasit Seth
Supreme Court of India has encapsulated six ingredients of a foreign (New York Convention) award that will be enforceable in India. The Supreme Court in GEMINI BAY v. INTEGRATED SALES (SC 2021, 2 JJ) at paragraph 29 has listed out these six ingredients based on S.44 of the Arbitration & Conciliation Act, 1996.
202005 Negotiations For Technology BusinessesHasit Seth
This was presented to TechEx - Technology Transfer Hub located at Venture Center, Pune. The audience was technology entrepreneurs and innovation managers. The key issues covered related control and strategy in negotiations using "Getting to Yes" (Roger Fisher and William Ury)'s principled negotiation framework. I share some of my licensing experiences too.
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
A collection of articles on patents, software and technology.
More Related Content
Similar to 2023-12-08 - LLoyds College - Arbitration Advocacy For Young Lawyers.pptx
Get all the information related to companies act 2013/1956 including its rules, draft rules, forms, notifications, circulars, orders, definitions, guidelines, schedules, etc.
https://www.nclt.in/about.php
On 04 April 2020, I had the pleasure of doing a webinar for Dhruva Advisors LLP's, the leading tax and regulatory services' firm's principals and associates on "Arbitration". We covered the arbitral process and interface of tax and arbitrations, particularly India's BIT arbitrations that arose from tax disputes.
Thank you to Dinesh Kanabar and Vishal Gada for the collaboration.
Get all the information related to companies act 2013/1956 including its rules, draft rules, forms, notifications, circulars, orders, definitions, guidelines, schedules, etc.
https://www.nclt.in/
This presentation discusses the question as to whether a statute on mediation is required to be enacted in India. It argues that an ADR code has to be enacted so that dispute and its resolution are seen holistically.
PROFESSIONAL OPPORTUNITIES FOR CHARTERED ACCOUTANT IN THE ALTERNATIVE DISPUTE...CA. (Dr.) Rajkumar Adukia
This article focuses upon certain practices and scheme of ADR in india in the form of question and answer format realted to ADR, its nature of conduct whether ad hoc or administered; available platforms or forums for the better understanding to the ADR practitioners as one of the professional opportunities for Chartered Accoutants.
Similar to 2023-12-08 - LLoyds College - Arbitration Advocacy For Young Lawyers.pptx (12)
2024-01-09 - Protecting AI Based Software Inventions - Venture Centre / TechE...Hasit Seth
Protecting artificial intelligence based software inventions. Hasit Seth had delivered this lecture for TechEx initiative of the Venture Centre in Pune, India.
2023-06-24 Consulting Engineers Association of India - CEAI Contracts Arbitra...Hasit Seth
A class presentation for Consulting Engineers Association of India (CEAI) covering these topics:
Void Agreements
Voidable Agreements
Contract Terminology
Notice
Waiver
Estoppel
Contract Terms
Express and Implied Terms
Discharge
Repudiation
Recession
All sections referred to are from Indian Contract Act, 1872
A talk on breach of contract, contract defects, extension of time (EOT) clauses, discharge by repudiation, damages and liquidated damages in particular. This was given to a group of 80 officers of Bridge & Roof, a mini-patna EPC company of central government. The training was organised by West Bengal National University of Juridical Sciences.
Six Ingredients Of Foreign Arbitration Awards Enforceable In IndiaHasit Seth
Supreme Court of India has encapsulated six ingredients of a foreign (New York Convention) award that will be enforceable in India. The Supreme Court in GEMINI BAY v. INTEGRATED SALES (SC 2021, 2 JJ) at paragraph 29 has listed out these six ingredients based on S.44 of the Arbitration & Conciliation Act, 1996.
202005 Negotiations For Technology BusinessesHasit Seth
This was presented to TechEx - Technology Transfer Hub located at Venture Center, Pune. The audience was technology entrepreneurs and innovation managers. The key issues covered related control and strategy in negotiations using "Getting to Yes" (Roger Fisher and William Ury)'s principled negotiation framework. I share some of my licensing experiences too.
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
A collection of articles on patents, software and technology.
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
Time to learn intellectual property for managers is now!
Negotiation in Information Technology BusinessHasit Seth
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
How learning negotiation skills can help information technology businesses increase productivity and profits.
Introduction to Patents and IP CommercializationHasit Seth
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
Introduction to Patents and IP Commercialization. These are slides from a talk I gave at Venture Center NCL (National Chemical Laboratory) in Pune, India to a audience of scientists involved in nanotechnology.
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
A general academic discussion about doctrine of equivalence in US, Japan and other countries as applied by courts in patent infringement cases. [Some material has not been updated for recent changes, so use it at your own risk]
Disclaimer: This is not legal advice.
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
This a discussion on patent infringement for academic purpose. Please do NOT consider this legal advice.
[Some material has not been updated for recent changes, so use it at your own risk]
Disclaimer: This is not legal advice.
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
An overview of IP/patent licensing field. Various strategies and practical aspects of patent licensing are discussed here. Please do NOT consider this legal advice.
[Some material has not been updated for recent changes, so use it at your own risk]
Disclaimer: This is not legal advice.
Negotiating skills to get you results. Special considerations for negotiating in India and similar places. Unique problems are included as exercises. Note that presentation cannot convey the full experience of a classroom exercise.
Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
The 10 Most Influential Leaders Guiding Corporate Evolution, 2024.pdfthesiliconleaders
In the recent edition, The 10 Most Influential Leaders Guiding Corporate Evolution, 2024, The Silicon Leaders magazine gladly features Dejan Štancer, President of the Global Chamber of Business Leaders (GCBL), along with other leaders.
Discover the innovative and creative projects that highlight my journey throu...dylandmeas
Discover the innovative and creative projects that highlight my journey through Full Sail University. Below, you’ll find a collection of my work showcasing my skills and expertise in digital marketing, event planning, and media production.
Building Your Employer Brand with Social MediaLuanWise
Presented at The Global HR Summit, 6th June 2024
In this keynote, Luan Wise will provide invaluable insights to elevate your employer brand on social media platforms including LinkedIn, Facebook, Instagram, X (formerly Twitter) and TikTok. You'll learn how compelling content can authentically showcase your company culture, values, and employee experiences to support your talent acquisition and retention objectives. Additionally, you'll understand the power of employee advocacy to amplify reach and engagement – helping to position your organization as an employer of choice in today's competitive talent landscape.
Top mailing list providers in the USA.pptxJeremyPeirce1
Discover the top mailing list providers in the USA, offering targeted lists, segmentation, and analytics to optimize your marketing campaigns and drive engagement.
buy old yahoo accounts buy yahoo accountsSusan Laney
As a business owner, I understand the importance of having a strong online presence and leveraging various digital platforms to reach and engage with your target audience. One often overlooked yet highly valuable asset in this regard is the humble Yahoo account. While many may perceive Yahoo as a relic of the past, the truth is that these accounts still hold immense potential for businesses of all sizes.
An introduction to the cryptocurrency investment platform Binance Savings.Any kyc Account
Learn how to use Binance Savings to expand your bitcoin holdings. Discover how to maximize your earnings on one of the most reliable cryptocurrency exchange platforms, as well as how to earn interest on your cryptocurrency holdings and the various savings choices available.
Digital Transformation and IT Strategy Toolkit and TemplatesAurelien Domont, MBA
This Digital Transformation and IT Strategy Toolkit was created by ex-McKinsey, Deloitte and BCG Management Consultants, after more than 5,000 hours of work. It is considered the world's best & most comprehensive Digital Transformation and IT Strategy Toolkit. It includes all the Frameworks, Best Practices & Templates required to successfully undertake the Digital Transformation of your organization and define a robust IT Strategy.
Editable Toolkit to help you reuse our content: 700 Powerpoint slides | 35 Excel sheets | 84 minutes of Video training
This PowerPoint presentation is only a small preview of our Toolkits. For more details, visit www.domontconsulting.com
In the Adani-Hindenburg case, what is SEBI investigating.pptxAdani case
Adani SEBI investigation revealed that the latter had sought information from five foreign jurisdictions concerning the holdings of the firm’s foreign portfolio investors (FPIs) in relation to the alleged violations of the MPS Regulations. Nevertheless, the economic interest of the twelve FPIs based in tax haven jurisdictions still needs to be determined. The Adani Group firms classed these FPIs as public shareholders. According to Hindenburg, FPIs were used to get around regulatory standards.
Understanding User Needs and Satisfying ThemAggregage
https://www.productmanagementtoday.com/frs/26903918/understanding-user-needs-and-satisfying-them
We know we want to create products which our customers find to be valuable. Whether we label it as customer-centric or product-led depends on how long we've been doing product management. There are three challenges we face when doing this. The obvious challenge is figuring out what our users need; the non-obvious challenges are in creating a shared understanding of those needs and in sensing if what we're doing is meeting those needs.
In this webinar, we won't focus on the research methods for discovering user-needs. We will focus on synthesis of the needs we discover, communication and alignment tools, and how we operationalize addressing those needs.
Industry expert Scott Sehlhorst will:
• Introduce a taxonomy for user goals with real world examples
• Present the Onion Diagram, a tool for contextualizing task-level goals
• Illustrate how customer journey maps capture activity-level and task-level goals
• Demonstrate the best approach to selection and prioritization of user-goals to address
• Highlight the crucial benchmarks, observable changes, in ensuring fulfillment of customer needs
FIA officials brutally tortured innocent and snatched 200 Bitcoins of worth 4...jamalseoexpert1978
Farman Ayaz Khattak and Ehtesham Matloob are government officials in CTW Counter terrorism wing Islamabad, in Federal Investigation Agency FIA Headquarters. CTW and FIA kidnapped crypto currency owner from Islamabad and snatched 200 Bitcoins those worth of 4 billion rupees in Pakistan currency. There is not Cryptocurrency Regulations in Pakistan & CTW is official dacoit and stealing digital assets from the innocent crypto holders and making fake cases of terrorism to keep them silent.
B2B payments are rapidly changing. Find out the 5 key questions you need to be asking yourself to be sure you are mastering B2B payments today. Learn more at www.BlueSnap.com.
2023-12-08 - LLoyds College - Arbitration Advocacy For Young Lawyers.pptx
1. Arbitration Advocacy:
law, procedure, and practice in India for
young arbitration lawyers
HASIT B. SETH
Lloyd Law College - India and Lloyd School of Law
08 December 2023
(c) Hasit Seth, 2023
2. Introduction
♔Name: HASIT B. SETH
♔I am a disputes lawyer in India. My practice focuses on
commercial dispute resolution covering IP, construction,
contracts in litigation and arbitrations
♔I am licensed to practice law in New York and India
♔You are welcome to connect at
https://www.linkedin.com/in/hbs and keep in touch
(c) Hasit Seth, 2023
5. Key Concepts
♔ Party autonomy.
♔ Separability.
♔ Competence-Competence.
♔ Procedural flexibility.
♔ Seat vs. Venue.
♔ Laws
♕ Curial Law / Lex Arbitrii / Law of the Seat / Governing Law of
Arbitration
♕ Substantial Law / Governing Law of the Contract
♔ Creature of Contract / Non-parties.
♔ Set-Aside Challenges to Awards.
(c) Hasit Seth, 2023
6. Statutes
♔ Arbitration & Conciliation Act, 1996
♔ Amendments.
♔ 2015 Amendment, in particular.
♔ Part I – Domestic Arbitration (S.2-S.43).
♔ Part I – International Commercial Arbitration, seated in
India.
♔ Part II – Only enforcement of Foreign Awards
♕ New York Convention Awards (Ch.1, S.44 – S.52) & Sch. 1
♔ Sch. IV – Fees
♔ Sch. V & VII – Arbitrator’s Conflicts.
(c) Hasit Seth, 2023
7. UNCITRAL Context
♔ UNCITRAL Model Law on International Commercial
Arbitration (1985)
♔ UNCITRAL Rules
(c) Hasit Seth, 2023
8. Domestic Arbitrations
♔ Contract Act, 1872
♔ Civil Procedure Code, 1908
♔ Evidence Act, 1872 – particularly for documentary
evidence.
♔ Limitation Act, 1963
♔ S.19 – “(1) The arbitral tribunal shall not be bound by the
Code of Civil Procedure, 1908 (5 of 1908) or the Indian
Evidence Act, 1872 (1 of 1872).” (ES)
(c) Hasit Seth, 2023
11. Procedural Flexibility
♔ Parties can by consent decide procedure.
♔ In absence of consent by the parties, the arbitrator can
decide certain procedural aspects.
♔ If institutional, the arbitral rules provide guidance.
♔ Evidence – soft law like IBA Rules on Taking Evidence.
♔ Discovery / Document production.
(c) Hasit Seth, 2023
12. Submissions and Hearings
♔ Adversarial process.
♔ Pleadings.
♔ Issues.
♔ Evidence.
♕ Oral
♕ Documentary
♔Oral Arguments.
♔ Pre / Post Submissions – Written Arguments.
♔ Hearings.
♔ Awards.
(c) Hasit Seth, 2023
16. Query 1
♔ How does the recent legal
landscape in India impact
arbitration advocacy, and
♔What key developments should
young lawyers be aware of?
(c) Hasit Seth, 2023
17. Query 2
♔ Can you share insights on
effective strategies for presenting
a case in arbitration proceedings,
considering both procedural
aspects and substantive legal
arguments?
(c) Hasit Seth, 2023
18. Query 3
♔ What role does evidence play in
arbitration advocacy, and what
best practices can young lawyers
adopt to strengthen their case
through effective presentation of
evidence?
(c) Hasit Seth, 2023
19. Query 4
♔ Are there specific challenges or
nuances in cross-examining
witnesses during arbitration
proceedings in India, and how can
young lawyers navigate them
successfully?
(c) Hasit Seth, 2023
20. Query 5
♔ Given the international nature of
many arbitration cases, what
considerations should young
lawyers keep in mind when
dealing with cross-border aspects
of arbitration advocacy?
(c) Hasit Seth, 2023
21. Query 6
♔ How can young arbitration
lawyers enhance their negotiation
skills within the arbitration
context, and what are some
common pitfalls to avoid in the
negotiation phase of
proceedings?
(c) Hasit Seth, 2023