Annual Report-2003-2004 - Indian Council of Arbitration

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OUR MENTOR
“
I realized that the true function of a lawyer was
to unite parties... A large part of my time during the
20 years of my practice as a lawyer was occupied in
bringing about private compromises of hundreds of
cases. I lost nothing thereby - not even money,
certainly not my soul
”
......Mahatma Gandhi
INDIA’S APEX ARBITRAL INSTITUTION
Costly, time-consuming business disputes can take a real bite out of your
company’s bottom line. That’s why more and more companies are turning
to the Indian Council of Arbitration, the undisputed leader in dispute
resolution services in India. For over 38 years, the Indian Council of
Arbitration has been providing users of arbitration with an unrivaled array
of time-tested services that include ICA Arbitration, ICA Conciliation and
ICA Maritime, as well as education and training programs. Coupled with
our quality case administration and panel of arbitrators, ICA is the one
resource for all your dispute resolutions needs.
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PRESIDENT’S REVIEW
The need for a method providing quicker and economical
resolution of disputes as against conventional method of litigation
has given rise to the popularity of Alternative Dispute Resolution
methods (ADR). Various Institutions have come up providing
such services. Indian Council of Arbitration as India’s Apex
Arbitral Institution has been given the responsibility of promoting
ADR methods in India. And I am proud to say that ICA has been
fulfilling this responsibility with positive results.
It was an year of hectic activity to sow the seeds for the future growth of this organization
and to become one of the foremost organizations in the world. It is up to you all and
the coming years to see to the maturing of the ideas that we have planted.
The Ministry of Commerce had recommended the use of ICA Arbitration Clause to
PSU’s and various government departments. This has certainly been the most important
feather in the cap. This, I am sure will improve the overall dispute resolution scenario.
Various Conferences were organized not only to bring awareness among the masses
about the recent developments but also to elicit and to develop India’s stand regarding
various issues in the field of ADR. ICA has also brought about new as well as revised
and updated versions of its earlier publications with extensive information on the
arbitration regime in different countries, UNCITRAL Model Law and the Indian Law.
A model Code of Conduct for the arbitrators has been launched. ICA has also started
off setting up infrastructure facilities and requirements for providing Online Dispute
Resolution Services. We will continue to work in this direction to improve our services
in the future.
There is a need for evolving a stand point and policy decision to project India as a
good venue for International Commercial Arbitration. Our primary goal for the future
is to strengthen our position in order to become the arbitration hub of South-East
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Asia. To accomplish this, we have focused on management innovation projects and
programs. These include an expansion of cyber activities to encompass all facets of
arbitration, sustained public awareness campaigns and broader more active international
cooperation efforts.
To strengthen international arbitration cooperation and R&D that will nurture our
Council into global arbitration center in South Asia, we intend to improve our cooperation
with arbitration agencies in neighboring countries. We will also study arbitration laws
and regulations of arbitration organizations in advanced countries and investigate their
arbitration procedures to actively incorporate them into the development of our
arbitration system.
It is with confidence in the future and in the national and organizational vision that I
ask for your continued support and patronage. I urge you to learn about the advantages
of alternative dispute resolution, as widespread use of the process will lead to a more
efficient, more productive global economy.
Yogendra Kr. Modi
President
Indian Council of Arbitration
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A C T I V I T I E S
Page
I. Thirty-Eighth Annual General Meeting .............................................................................................. 1
II. Election of President and Members of the Governing Body of the Council ........................................ 2
III. Election of Sr. Vice President and Vice President of the Council ...................................................... 2
IV. Co-option of Members on the Governing Body .................................................................................. 2
V. Government nominees .................................................................................................................... 2
VI. FICCI representatives on the Council and the Governing Body .......................................................... 3
VII. Office Bearers and Members of the Governing Body for the year 2003-2004 ..................................... 3
VIII. Meetings of the Governing Body ....................................................................................................... 6
IX. Meetings of the Arbitration Committee .............................................................................................. 6
X. Meetings of the Membership Screening Committee.......................................................................... 6
XI. Meeting of the Maritime Arbitration Committee ................................................................................. 6
XII. Colloquium on “Accelerating Institutional Arbitration” - January 6, 2004 - New Delhi .......................... 7
XIII. Seminar on “Arbitration for Resolving Business Disputes” - February 7, 2004 - Hyderabad ............... 7
XIV.
Conference on “Alternative Dispute Resolution in the Light of the International
Business Scenario” - February 21, 2004 - Pune ............................................................................... 7
XV.
Meetings of Expert Group on Arbitration - February 7, 2004, Hyderabad and
February 21, 2004, Pune .................................................................................................................. 8
XVI. Conference on “The Arbitration and Conciliation (Amendment) Bill, 2003” -
March 13, 2004 - Mumbai ................................................................................................................ 8
XVII. “Australia-India Legal Dialogue” - March 15-16, 2004 - New Delhi ..................................................... 8
XVIII.
Conference on “Role of Institutional Arbitration: IPR; IT; Maritime &
Construction Industry” - March 20, 2004 - Chennai ........................................................................... 9
XIX.
First Meeting of the Inter-Governmental Expert Group (IGEG) on Investment and
Arbitration - March 22-23, 2004 - New Delhi ..................................................................................... 9
XX. First International Symposium on “Strengthening Mediation and Arbitration Centres” -
September 2-3, 2004 - Chamonix (France) .................................................................................... 10
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XXI. Conference on “Role of Institutional Arbitration: IPR & IT” -
September 14, 2004 - Bangalore .................................................................................................... 10
XXII.
Interactive Meeting with Dr. Robert Briner, Chairman, ICC International Court of
Arbitration - October 18, 2004 - New Delhi....................................................................................... 11
XXIII.
Conference on “Trends in International Commercial Arbitration & its relevance in
India” - October 18-19, 2004 - New Delhi ......................................................................................... 11
XXIV. Meeting of the ICA Western Regional Executive Committee - October 20, 2004 - Mumbai ............. 12
XXV.
Interactive Meeting on “India entering the main stream at International Arbitration
and problems facing that entry” - October 20, 2004 - Mumbai ......................................................... 12
XXVI.
Conference on “Is This the Time to Review Arbitration Law in
India” - October 21, 2004 - Mumbai .............................................................................................. 12
XXVII. Arbitration Service Agreements ...................................................................................................... 13
XXVIII. ICA Arbitration Quarterly ................................................................................................................. 13
XXIX. Publications of the Council ............................................................................................................. 13
XXX.
Arbitration Services of the Council in Settlement of Commercial Disputes - Domestic
and International ............................................................................................................................. 13
XXXI. Conciliation in International Trade Complaints ................................................................................ 14
XXXII. Advisory Services of the Council..................................................................................................... 14
XXXIII. Regional Offices of the Council ....................................................................................................... 14
XXXIV. Library ............................................................................................................................................ 15
XXXV. Provident Fund of the Council ......................................................................................................... 15
XXXVI. Membership of the Council ............................................................................................................. 15
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ICA ACTIVITIES
The Governing Body of the Council have pleasure in will be used more often in Institutional as well as Ad-hoc
presenting to the Thirty-nineth Annual General Meeting arbitration. Time has come when steps are to be taken
of the Council, a report of the activities undertaken by for providing speedy and inexpensive justice to the people.
the Council during the year 2003-2004, alongwith the Arbitral Institutions are required today as provider of
Statement of Accounts for the year ending 31st March, Alternative Dispute Resolution (ADR) services for quicker,
2004 duly audited by the Auditors, M/s. Khanna & less costly, and consensual resolution of civil disputes
Annandhanam, Chartered Accountants, New Delhi. outside the crowded court system. The ICA is doing a
good job in this regard. He hoped that the coming years
I) Thirty-Eighth Annual General Meeting would be years of “Conciliation, Mediation and Arbitration”
The 38th Annual General Meeting of the Council was
and not of “Litigation.
held on January 6, 2004 at New Delhi. Apart from the Dr. L M Singhvi, M.P. in his address emphasized the
members of the Council, the Annual General Meeting need to change the mindset of the arbitrators as well as
was attended by Retd. Judges, Legal Professionals and the users of arbitration in respect of commercial
represetatives of trade and industry. The meeting was arbitration. He felt the need to create a commercial
presided over by the ICA President. In his Address, the culture of resort to arbitration instead of litigation. With
President observed that with a view to expend and achieve the adoption of the UNCITRAL Model Law on Commercial
the efficacy of arbitration, ICA have taken several steps, Arbitration, he felt that India can become a centre for
which include: adopting a mission statement for the International Commercial Arbitration as it has enough
ICA for achieving Arbitration, which is Low Cost, Efficient, human resource and physical facilities.
Simple, Just, User Friendly, Trust Worthy, Equitable and
Serviceable; bring out a Code of Conduct with the aim
Mr. Yogendra Kr. Modi, Sr. Vice President of the Council
of establishing a set of standards for the Arbitration
proposed Votes of Thanks to the Chief Guest. In his
Committee, Arbitrators, Parties and Counsel. It is meant
address Mr. Modi emphasised that institutionalized
to achieve greater self-regulation, speed and discipline;
arbitration is advantageous over ad hoc arbitration as
ICA has taken the lead towards introducing “Online
only the supervision of arbitral institutions can
Dispute Resolution”. ICA ODR should be a true
successfully ensure that proper procedures are followed
symbiosis of I.T. and Arbitration; ICA also plans to provide
in arbitration proceedings and that finally justice is
arbitral services to resolve IT related disputes.
provided in a speedy, just and fair manner.
The Annual General Meeting unanimously adopted
Mr. Justice V N Khare, Chief Justice of India, in his
the Annual Report of the Council for the year 2002-2003
Inaugural Address observed that ICA Code of Conduct
and the audited accounts for the year ending
would be a guide to arbitration making it a successful
31st March 2003. The results of election of President
process of dispute resolution. He wished that this Code
and the members of the Governing Body conducted
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according to Bye-Laws for Election of the Council were
announced at the Annual General Meeting.
III)
Election of Sr. Vice President and Vice
President of the Council.
II) Election of President and Members of the
Governing Body of the Council.
President :
The Governing Body of the Council unanimously elected
Mr. Yogendra Kr. Modi, Chairman, YKM Holdings,
Gurgaon, nominee of FICCI, as President of the Council
for the year 2003-2004 at their meeting held on 6th
January 2004 as per Rule 13 of the Rules and
Regulations of the Council. Accordingly, Mr. Yogendra
Kr. Modi was declared elected as President of the Council
for the year 2003-2004 at the Annual General Meeting of
the Council.
Election of Representatives of Members on the
Governing Body:
The election of representatives of the members in different
constituencies was conducted as per Bye-Laws for
Election of the Council. As a result of Election, the
following members were declared elected at the Annual
General Meeting.
Mr. D M Popat, Chairman, Law & Company Affairs
Committee of the Indian Merchants’ Chamber was
declared elected uncontested in the Foundation Members’
Constituency. Mr. Rakesh Shah, Committee Member,
Bharat Chamber of Commerce and Mr. Y P Trivedi, Legal
Adviser, Maharashtra Chamber of Commerce & Industry
were declared elected uncontested in the Ordinary
Members’ Constituency. Mr. S K Bangur, Chairman, Fort
Gloster Industries Ltd., Mr. Amit Goradia, Director,
Paushak Limited and Mr. Ashok Sharma, General
Manager (Law), MMTC Ltd. were declared elected
uncontested in the Associate Members’ Constituency.
Mr. Ravinder Singhania, Advocate was declared elected
in the Individual Members’ Constituency.
The Governing Body of the Council elected
Mr. Onkar S. Kanwar as Senior Vice-President of the
Council and Mr. D M Popat, as Vice President of the
Council, for the year 2003-2004.
IV) Co-option of Members on the Governing
Body
The Governing Body of the Council co-opted
Mr. A K Rungta, Past President, ICA, Mr. C P Jain,
Chairman,SCOPE and Mr. Justice B N Kirpal as
members of the Governing Body of the Council for the
year 2003-2004 under Rule 16(b) of the Rules &
Regulations of the Council.
The Governing Body also decided to invite Mr. F S Nariman
and Mr. Soli J. Sorabjee, as special invitees to the
Governing Body. In addition, the Governing Body decided
to invite all the former Presidents of the Council who
have held the office of the President of the Council to the
meetings of the Governing Body.
V) Government nominees
Under the Rules and Regulations of the Council, Govt. of
India is entitled to nominate five representatives on the
Council and three nominees on the Governing Body of
the Council from among the five nominated
representatives. The Ministry of Commerce have
nominated following officials as Government’s nominees
on the Council.
1. Mr. Anil Swaroop
Export Commissioner
Office of DGFT
New Delhi
2. Mr. K N Bhat
Sr. Advocate
New Delhi
2
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Colloquium on Accelerating Institutional Arbitration
January, 2004 – New Delhi
Mr. Yogendra Kr. Modi, President ICA
Mr. Yogendra Kr. Modi, President ICA with
Dr. L. M. Singhvi, Member of Parliament
Mr. Yogendra Kr. Modi, President ICA with
Hon’ble Justice V.N. Khare, Chief Justice of India
Mr. Yogendra Kr. Modi, President
ICA, addressing the Colloquium
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Colloquium on Accelerating Institutional Arbitration
January, 2004 – New Delhi
Hon’ble’ Justice V.N. Khare,
Chief Justice of India, delivering the inaugural address
Mr. Yogendra Kr. Modi, President ICA
with Hon’ble’ Justice V.N. Khare Chief Justice of India
and Dr. L.M. Singhvi
A view of the Dias
39TH ANNUAL REPORT 2003-04
Dr. L.M. Singhvi, Member of Parliament,
addressing the Colloquium
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3. Mr. Augustine Peter
Director
Trade Policy Division
Ministry of Commerce
New Delhi-110 011
4. Dr. P S Rao
Joint Secretary & Legal Adviser
L & T Divison
Ministry of External Affairs
New Delhi.
5. Mr. V K Bhasin
Addl. Legislative Counsel
Deptt. Of Legislative Affairs
Ministry of Law
New Delhi.
Among the above five Government nominees,
Mr. Augustine Peter, Dr. P S Rao and Mr. V K Bhasin
were nominated by the Govt. on the Governing Body of
the Council.
VI) FICCI representatives on the Council and
the Governing Body
The FICCI nominated Mr. Yogendra Kr. Modi, Mr. Onkar
S. Kanwar and Dr. Amit Mitra as its representatives on
the Council under Rule 3(b) of the Rules and Regulations
of the Council, in substitution of its earlier nominations.
Mr. Onkar S Kanwar and Dr. Amit Mitra have been
nominated by the FICCI as members of the Governing
Body of the Council as per Rule 16(c) of the rules and
regulations of the Council.
Mr. Yogendra Kr. Modi ........ .................... President
Chairman
YKM Holdings
Gurgaon
Mr. Onkar S Kanwar ........................ ... Sr. President
Chairman & Mg. Director
Apollo Tyres Ltd.
Gurgaon
Mr. D M Popat ...................................Vice President
Sr. Partner
Mulla & Mulla & Craigie Blunt & Caroe
Mumbai
Foundation Members
Dr. Amit Mitra
Secretary-General,
Federation of Indian Chambers of Commerce &
Industry,
Federation House, Tansen Marg,
New Delhi - 110 001.
Mr. D M Popat
Sr. Partner,
Mulla & Craigie Blunt & Caroe,
Jehangir Wadia Building,
51, M G Road,
Mumbai - 400 023.
Mr. A V Lodha
Chartered Accountant,
M/s. Lodha & Company,
21, Esplanade Mansion,
14, Government Place East,
Calcutta - 700 001.
Mr. M K Garg
VII) Office Bearers and Members of the
Advisor,
Governing Body for the year 2003-2004
Associated Chamber of Commerce and Industry
The Governing Body of the Council for the year
147-B, Gautam Nagar
2003-2004 comprised of the following:
Gulmohar Enclave
New Delhi - 110 049.
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Mr. C N Gangadaran
Past President
The Southern India Chamber of Commerce & Industry,
Indian Chamber Building,
6, Esplanade Road,
Chennai - 600 108.
Mr. Augustine Peter
Director
Trade Policy Division,
Ministry of Commerce,
Government of India,
Udyog Bhawan,
New Delhi - 110 011.
Mr. V K Bhasin
Addl. Legislative Counsel,
Deptt. Of Legislative Affairs,
Ministry of Law,
Shastri Bhavan,
New Delhi.
Dr. P S Rao
Joint Secretary & Legal Adviser
L & T Division,
Ministry of External Affairs,
417, ISIL, Opp. Supreme Court,
Bhagwan Das Road,
New Delhi.
Ordinary Members
Mr. Rakesh Shah
Partner
Nipha Enterprises
48, Ganga Jamuna
28/1, Shakespeare Sarani
Kolkata - 700 017.
Mr. Lalit Kumar Modi
President
Modi Enterprises,
Nirlon House, Dr. Annie Besant Road
Worli Mumbai - 400 025.
Mr. Lalit Bhasin
M/s. Bhasin & Co.
10, Hailey Road,
New Delhi - 110 001.
Mr. Suresh Bindal
Hony. General Secretary,
Delhi Hindustani Mercantile
Association (Regd),
1210/16, Chandni Chowk,
Delhi - 110 006.
Mr. K S Suresh
Legal Adviser
Bharat Chamber of Commerce
3, Fountain Court
7/1, LittleRussell St.
Kolkata-700 071
Associate Members
Mr. S K Bangur
Chairman
Fort Gloster Industries Ltd.,
31, Chowringhee Road,
Kolkata - 700 016.
Mr. Ashok Sharma
G.M. (Law), Law Division,
The MMTC Limited,
Core No. 1, IInd Floor,
SCOPE Complex, Lodi Road,
New Delhi - 110 003.
Mr. Y P Trivedi
Legal Adviser,
Maharashtra Chamber of
Commerce & Industry,
23, ‘Atlanta’ Nariman Point,
Mumbai - 400 021.
4
Mr. Amit Goradia
Director
M/s Paushak Limited,
78, Suryakiran Complex,
Old Padra Road,
Vadodara - 390 015.
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Arbitration for Resolving Business Disputes
February, 2004 - Hyderabad
Prof. V. Nageswara Rao, addressing the Seminar
Mr. Gopala Choudhary, Advocate,
addressing Seminar
Mrs. Suchitra, Advocate, addressing the Seminar
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Alternative Dispute Resolution in the Light of the
International Business Scenario – February, 2004 - Pune
Hon’ble Justice Radhakrishnan, Judge, Bombay
High Court delivering the inaugural Address.
Mr. D.M. Popat, Vice President, ICA, delivering
the Welcome Address
Hon’ble Justice Vazifdar, Judge, Bombay High Court, chairing the Business Session
Conference on “The Arbitration and Conciliation (Amendment) Bill, 2003”
March, 2004 – Mumbai
Justice A P Shah, Judge, Bombay High Court, having
an informal meeting
39TH ANNUAL REPORT 2003-04
Hon’ble Justice A.P. Shah, Judge, Bombay High
Court delivering the inaugural address
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Mr. R S Lodha
Sr. Partner
Lodha & Company,
14, Government Place East,
Kolkata - 700 069.
Mr. D D Rathi
Group Executive President,
Grasim Industries Limited,
(Corporate Finance Division)
91, Sakhar Bhawan, 9th Floor,
230, Nariman Point,
Mumbai - 400 021.
Mr. Vikram Kapur
President,
Atlas Cycle (Haryana) Ltd.
3, Aurangzeb Lane,
New Delhi - 110 011.
Mr. A Santhanakrishnan
Director & Secretary,
Southern Petrochemical Industries,
Corporation Ltd.
SPIC Centre,
97, Mount Road, Guindy,
Chennai - 600 032.
Individual Members
Mr. O P Goel
Director-General (Retd.) CPWD
B-11/8091, Vasant Kunj,
New Delhi.
Mr. P C Markanda
Sr. Advocate
94, Sector 16-A,
Chandigarh - 160 016.
Mr. R A Poddar
Chief Executive,
Godfrey Philips India Limited,
Four Square House,
49, Community Centre,
New Friends Colony,
New Delhi - 110 065.
Mr. K Sethuraman
Vice President (Corporate Secretariat)
Reliance Industries Ltd.
3rd Floor, Maker Chambers IV
222, Nariman Point
Mumbai-400 021
Mr. Yakesh Anand
Advocate
466, Lawyers Chambers,
Delhi High Court,
New Delhi - 110 003.
Mr. Ravinder Singhania
Advocate
M/s. Singhania & Co.
B-92, 9th Floor, Himalaya House
23, Kasturba Gandhi Marg
New Delhi-110 001.
Co-opted Members
Mr. N G Khaitan
Partner
Khaitan & Partners
1-B, Old Post Office Street,
Kolkata - 700 001.
Mr. A K Rungta
Chairman
Rungta Enterprises
225-D, Acharya J. Bose Road
Kolkata.
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Mr. C P Jain
Chairman
Standing Conference on Public
Enterprises (SCOPE)
SCOPE Complex, Core No. 7
7, Institutional Area, Lodhi Road
New Delhi-110 003.
Mr. Justice B N Kirpal
Former Chief Justice of India
64, Jor Bagh
New Delhi-110 003.
Special Invitees
Mr. F S Nariman
Hon. Chairman, ICCA and
Member Rajya Sabha
F-21/22, Hauz Khas Enclave
New Delhi-110 016
Mr. Soli J. Sorabjee
Sr. Advocate and
Former Attorney General of India
134, Sunder Nagar
New Delhi-110 003
VIII) Meetings of the Governing Body
The Governing Body of the Council held three meetings
to consider and formulate the work programme of the
Council during the year.
IX) Meetings of the Arbitration Committee
The Arbitration Committee of the Council for the year
2003-2004 comprised of Mr. Yogendra Kr. Modi, Ex-officio
Chairman, Mr. Onkar S Kanwar, Sr. Vice-President,
Mr. D M Popat, Vice-President, Mr. Justice B N Kirpal,
Mr. C K Tikku and Mr. D P Sharma as members of the
Committee. The Arbitration Committee of the Council
held three meetings to appoint arbitrators in arbitration
cases referred to the Council and to approve the
applications for the panel of arbitrators.
X) Meetings of the Membership Screening
Committee
The Governing Body of the Council constituted a
Membership Screening Committee consisting of
Mr. Yogendra Kr. Modi, Ex-Officio Chairman, Mr. Onkar
S. Kanwar, Mr. D M Popat, Mr. Justice B N Kirpal,
Dr. Amit Mitra and Mr. Vikram Kapur, as members, to
expedite the approval of the applications of organisations/
persons for membership of the Council. The Membership
Screening Committee held three meetings to approve
the applications for membership to the Council and other
matters.
(XI) Meeting of the Maritime Arbitration
Committee
A meeting of the Maritime Arbitration Committee was
held on March 4, 2004 in New Delhi. The Maritime
Committee apart from approving the names of persons
for empanelment in the Maritime Category of panel of
arbitrators also decided to enhance the arbitrator’s fee
and administrative fee effective from April 1, 2004. The
committee also decided to circulate the ICA Code of
Conduct among the shipping company and shipping
companies to inform that the ICA has framed the following
schedule within which a maritime case should be
completed.
(i) Completion of the pleadings within six months from
the date of registration.
(ii) The hearing to commece within two months from
the date of completion of the pleadings.
(iii) Within six months thereafter the proceedings be
concluded and the number of hearings be restricted
to 3 or at the most 4.
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Role of Institutional Arbitration: IPR; Maritime &
Construction Industry – March, 2004 - Chennai
Dr. V L Dutt, Past President, ICA delivering
the Welcome Address
Hon’ble Mr. Justice V S Sirupurkar,
Judge, Madras High Court, delivering
the inaugural address
Mr. V Ramachandran, Sr. Advocate, proposing the
Vote of Thanks to the Chief Guest
A view of the Business Session
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Australia – India Legal Dialogue
March, 2004 – New Delhi
1 2
3 4
1 Mr. Onkar S Kanwar, Sr. Vice President, ICA,
delivering the Welcome Address
2 Mr. Onkar S Kanwar, Sr. Vice President, ICA,
Welcoming Hon’ble Mr. Justice R C Lahoti, Chief
Justice of India
5
3 Hon’ble Mr. Justice R C Lahoti, Chief Justice of
India, delivering the Welcome Address
4 Hon’ble Mr Soli J Sorabjee, Attorney General of
India delivering the Key note address
5 Dr. David Bennett, Solicitor- General of Australia
delivering the Key Note Address
6
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6 Hon’ble Sir Laurence Street, AC KCMG QC,
Chairman ILSAC, addressing the Press Conference
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XII) Colloquium on “Accelerating Institutional
Arbitration” - January 6, 2004 - New Delhi
The advantages of Institutional Arbitration are well known
but it is really sad to see that the vastly operating adhoc
arbitrations are undermining the credibility of Institutional
arbitration as a whole. ICA came out with its Code of
Conduct, which will make the arbitral tribunal accountable.
With a view to accelearate the pace of Institutional
Arbitration in the country ICA organized a Colloquium on
“Accelerating Institutional Arbitration” on January 6, 2004
in New Delhi. Hon’ble Mr. Justice V N Khare, Chief Justice
of India inaugurated the Colloquium and also released
ICA Books on “Arbitration & Conciliation Law of India”
and “ICA Code of Conduct”. Dr. L M Singhvi, M.P.
addressed the Colloquium and released ICA Books on
“Arbitration Made Easy” (Hindi Version) and “Case Law
on UNCITRAL Convention on Contracts for The
International Sale of Goods - with reference to
Corresponding Provisions of India Law”. In his inaugural
address Mr. Justice V N Khare observed that the idea of
use of arbitral institutions for arbitration has already gained
a strong footing at international level. Business
communities are appreciating the usefulness of these
centers in obtaining efficient resolution of dispute and
are also realizing the importance of incorporating
arbitration clauses in their contracts.
Arbitral institutions are necessary because the
evolutionary growth of arbitration has always been through
growth and development of arbitral institutions sponsored
by trading, commercial and industrial bodies and
government bodies and government departments and
United Nations at national and international level.
XIII) Seminar on “Arbitration for Resolving
Business Disputes” - February 7, 2004 -
Hyderabad.
The ICA in association with Federation of Andhra Pradesh
Chambers of Commerce and Industry organized a
Seminar on “Arbitration for Resolving Business Disputes”
on February 7, 2004 at Hyderabad. Prof. Koteswara Rao,
President, FAPCCI, delivered the Welcome Address.
The topics that were discussed at the seminar
include: Has the Arbitration & Conciliation Act, 1996
based on UNCITRAL - Model Law helped, Courts
Annexed Arbitration & Mediation (Section 89 of the Code
of Civil Producedure), Drafting Arbitration Agreements in
Compelx Business Transactions and Why Arbitral
Institutional Matter The Seminar was addressed by
Mr. M R K Chowdhary, Sr. Counsel, High Court of Andhra
Pradesh, Mr. B. Adinarayana Rao, Advocate, High Court
of Andhra Pradesh, Dr. V. Nageswara Rao, Professor of
Law (Retd.), Osmania University, Hyderabad,
Ms. K. Suchitra, Advocate, High Court of Andhra Pradesh
and Mr. K. Gopal Chowdary, Sr. Counsel, High Court of
Andhra Pradesh. The Seminar was attended by about
80 delegates.
XIV) Conference on “Alternative Dispute
Resolution in the Light of the
International Business Scenario” -
February 21, 2004 - Pune.
The ICA in association with Maharatta Chamber
of Commerce Agriculture & Industries organized
a Conference on “Alternative Dispute Resolution in
the Light of the International Business Scenario” on
February 21, 2004 at Pune. Hon’ble Mr. Justice
Radhakrishnan, Judge, High Court of Mumbai
inaugurated the Conference. In his inaugural address
he emphasized the need for mediation and
concliation before going into litigation. He also stated
that conciliation should be made a mandatory provision.
Hon’ble Mr. Justice Vazifdar, Judge, High Court of
Mumbai, delivered the Key Note Address. In his
key-note address he asserted that practical limitations
should be taken into consideration before taking up a
legal process. He also suggested that institutes like
the ICA should form a body and conduct a series of
discussions where technical issues could be discussed
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that would help in resolving issues in a shorter duration.
Mr. D M Popat, Vice-President, ICA, delivered the
Welcome Address. In his Welcome Address he said that
there is a need to create awareness about conciliation
and arbitration. He indicated that students of law should
realise that they have a social obligation and should not
look at issues from just a legal perspective but act as a
medium of conciliation. The Conference was addressed
by Mr. Shreekant Kanitkar, Advocate, Mr. Hitesh Jain,
Advocate and Mr. Uday Chitale, Chartered Accountant.
The Conference was attended by about 60 delegates.
XV) Meetings of Expert Group on Arbitration
- February 7, 2004, Hyderabad and
February 21, 2004, Pune.
With a view to plan for the future activities of the ICA in
the States of Andhra Pradesh and Maharashtra, ICA
organized meetings of Expert Group on Arbitration on
February 7, 2004 at Hyderabad and on February 21, 2004
at Pune. The Expert Group meetings were attended by
specialist on arbitration including Retd. Judges and the
office bearers of the local chambers. The Expert Group
Meeting at Pune was Chaired by Mr. D M Popat,
Vice President, ICA.
XVI) Conference on “The Arbitration and
Conciliation (Amendment) Bill, 2003” -
March 13, 2004 - Mumbai.
The ICA in collaboration with Indian Merchants’
Chamber organized a Conference on “The
Arbitration and Conciliation (Amendment) Bill, 2003”
on March 13, 2004 at Mumbai. Hon’ble Mr. Justice A P
Shah, Judge, High Court of Mumbai inaugurated
the Conference. Mr. D M Popat, Vice-President, ICA
delivered the Welcome Address. In his welcome address
Mr. D M Popat observed that the essence of Arbitration
and Conciliation Act, 1996 is to minimise judicial
intervention (See Statement of Objects and Reasons of
the Arbitration and Conciliation Bill, 2003). The proposal
of every High Court having its own Arbitration
Rules goes counter to this basic concept. Why
cannot Model Rules be framed on all India basis
Or why cannot the Rules of an accredited
Institution like Indian Council of Arbitration be
taken as accepted Rules. Hon’ble Mr. Justice B P Saraf,
Retd. Chief Justice, Jammu & Kashmir High Court
and Hon’ble Mr. Justice D R Dhanuka, Retd. Judge,
High Court of Mumbai chaired the Business Sessions.
The Conference was addressed by Mr. Raffiq Dada,
President Bombay High Court Bar Association,
Mr. Janak Dwarkadas, Sr. Advocate and Mr. Ketan Parikh,
Advocate. The Conference was attended by about 100
delegates.
XVII) “Australia - India Legal Dialogue” -
March 15-16, 2004 - New Delhi
The ICA in association with FICCI and Attorney-General’s
Department of Australia organized an “Australia-India
Legal Dialogue” on March 15-16, 2004 at New Delhi.
Hon’ble Mr. Justice R C Lahoti, Judge, Supreme Court
of India inaugurated the Dialogue on March 15, 2004.
Mr. Soli J. Sorabjee, Attorney General for India and
Dr. David Bennett, Solicitor-General of Australia
delivered the Key Note Address. Mr. Onkar S Kanwar,
Sr. Vice-President, ICA in his Welcome Address observed
that the legal profession and Legal education have an
important role to play in Dispute Resolution. Massess
have to be educated and made aware of ADR and its
advantages compared to Litigation. Members of the Legal
profession are some of the most important players in
arbitration and even in other methods of ADR. The
dialogue brings the two on the same platform and gives
the scope to discuss and conceive ideas for growth and
development of dispute resolution, the legal profession
as well as legal education in India. The Dialogue was
addressed by Mr. Kirit Rawal, Solicitor-General of India,
Mr. Fali S. Nariman, President, Bar Association of India,
Mr. D V Subba Rao, Chairman, Bar Council of India and
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Australia – India Legal Dialogue
March, 2004 – New Delhi
1 2
3 4
1 Mr. Moolchand Sharma, Director, National Law Institute
University, Chairing the Session on Legal Education
2 Mr. G L Sanghi, Sr. Advocate, Chairing the Business
Session - I
3 Hon. Sir Laurence Street, AC KCKG QC, Chairman
ILSAC, Chairing the Business Session - II
4 Mr. Kirti Rawal, Former Solicitor General of India,
addressing the Plenary Session
5 Prof. Michael Coper, Rep. Council of Australian Law Deans,
Australia National University, addressing the Session on Legal
Education, Practical Legal Training (PLT) & Continuing
Legal Education (CLE)
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Role of Institutional Arbitration: IPR & IT
September, 2004 – Bangalore
Mr. Yogendra Kr. Modi, President ICA,
Welcoming Hon’ble Mr. Justice N K Jain,
Chief Justice, Karnataka High Court
Mr. D M Popat, Vice President ICA,
proposing the Vote of thanks
Mr. Yogendra Kr. Modi, President ICA,
delivering the Welcome Address
Left to Right: Mr. G K Kwatra,
Mr. Yogendra Kr. Modi, Mr Justice N K Jain,
Mr. MN Suresh (President FKCCI),
Mr. Lalit Bhasin (Member, ICA Governing
Body) & Mr. S N Agarwal (Member,
FICCI Committee)
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Prof. Madhav Menon, Noted Educationist. Mr. D M Popat use institutional arbitration since adhoc arbitration
Vice President, ICA addressed the working session does not usually give the desired results due to
on “Commercial Dispute Resolution & ADR”. The some inherent problems. On the other hand in case
Dialogue was also addressed by Dr. David Bennett of arbitral institutions, there is a blueprint of
AO QC, Solicitor-General of Australia, The Hon. procedures to be followed, a list of reputed
Sir Laurence Street, AC KCMG QC, Chairman, ILSAC, arbitrators from whom to select, choice of venue
Mr. Glenn Ferguson, Law Council of Australia & President, based on the party’s convenience and most
Queens Land Law Society.
importantly - time tested and experience based
rules, which the party can incorporate into their
At the time of Australia-India Legal Dialogue a session
agreements without waste of any resource (such
on “Legal Education, Practical Legal Training (PLT) &
as time or manpower). This is due to the basic
Continuing Legal Education (CLE) concurrent with a
principle of arbitration - which is saving time.
parallel session on “Trans-national Legal Practice and
Arbitration is most commonly resorted to in
Commercial Legal Practice Development and
different fields like IP, IT, Maritime and Construction
Commercial Dispute Resolution & ADR” was also
Industries and in other fields such as oil and gas
organized. The session was addressed by Mr.Moolchand
and the corporate sector. Mr. V Ramachandran,
Sharma, Director, National Law Institute University,
Sr. Advocate proposed the Vote of Thanks to
Bhopal and Prof. Michael Coper, Rep. Council of
the Chief Guest and also chaired the Session:
Australian Law Deans & Dean, Faculty of Law, Australian
Intellectual Property Rights and Information
National University”. The Dialogue was attended by about
Technology Disputes, Maritime and Construction
100 delegates.
Industry Disputes. The Conference was
addressed by Mr. Rajnikanth Madhavan,
XVIII) Conference on “Role of Institutional
Mr. Ashok Kumar Anchalia, Capt. Pullat,
Arbitration: IPR; IT; Maritime &
Dr. R. Sunitha Sundar and Mr. C H Gopinatha Rao.
Construction Industry” - March 20, 2004
The Conference was attended by more than
- Chennai.
80 participants.
The ICA in association with Southern India Chamber
of Commerce & Industry organized a Conference on XIX) First Meeting of the Inter - Governmental
“Role of Institutional Arbitration: IPR; IT; Maritime Expert Group (IGEG) on Investment and
& Construction Industry” on March 20, 2004 at Chennai. Arbitration-March 22-23, 2004-New Delhi.
Hon’ble Mr. Justice V S Sirupurkar, Judge, Madras High
The first Meeting of the Inter - Governmental Expert Group
Court inaugurated the Conference. Mr. Justice Sirupurkar
(IGEG) on Investment and Arbitration was held on March
in his inaugural address requested ICA to join hands with
22 - 23, 2004 at New Delhi. The meeting was attended
High Court of Madras in educating the Judicial Officers
by Government representatives of all members’ states.
in the State of Tamilnadu on the techniques of
Mr. Shashank, Foreign Secretary, Ministry of External
Arbitration & Mediation. Mr. R Veeramani, President,
Affairs, Government of India, inaugurated the meeting.
SICCI delivered the introductory Address and
Dr. V L Dutt, Past President, ICA delivered the At the request of the Ministry of Commerce, Govt. of
Welcome Address. In his Welcome Address, India, the Executive Director, ICA made a presentation
Dr. V L Dutt observed that the current trend is to on the concept paper on “SAARC Arbitration Council”
39TH ANNUAL REPORT 2003-04
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and emphasized on the need to constitute the SAARC
Arbitration Council.
XX) First International Symposium on
“Strengthening Mediation and Arbitration
Centres” - September 2-3, 2004 -
Chamonix (France).
The International Trade Centre of UNCTAD/WTO
organized the first International Symposium on
“Strengthening Mediation and Arbitration Centres” at
Chamonix, France on 2-3 September 2004 with special
focus on institutions in developing economies. The
purpose of the Symposium was to address, from a
practical standpoint, the challenges facing dispute
resolution centres in efficiently delivering their services
at the national level. The subjects discussed were as
follows:
- Structure of an arbitration and mediation
centre;
- Management and financing of the
centre;
- Administering arbitration services;
- Diversifying the services offered;
- New fields (sports, creative arts, internet, etc.);
- Small Claims;
- Promotion Marketing;
- Relations with the business community;
- Co-operation/Co-ordination with other
arbitration centres and
- Arbitration and mediation clinics.
The international Trade Centre (ITC) brought together more
than 60 directors/participants of centres from 50
developing and developed countries at this symposium.
In addition to many new centres some of the world’s
foremost institutions in the field were present, including
the International Chamber of Commerce; the International
Federation of Commercial Arbitration Institutions; and the
UN Commission on International Trade Law, whose model
law on arbitration forms the basis of national legislation
in more than 40 countries.
Mr. D M Popat, Vice-President, ICA and Mr. G K Kwatra,
Executive Director, ICA, addressed the Symposium.
XXI) Conference on “Role of Institutional
Arbitration: IPR & IT” - September 14,
2004 - Bangalore.
The ICA in association with FICCI and FKCCI organised
a Conference on “Role of Institutional Arbitration: IPR &
IT” on September 14, 2004 at Bangalore. Hon’ble Mr.
Justice N K Jain, Chief Justice, Karnataka High Court,
inaugurated the Conference. In his inaugural address he
emphasized on the importance of the institutional
arbitration particularly in International Commercial
disputes. While referring to the other arbitral institutions
of the world, he specially made a mention of the ICA
which he believed is the only recognized arbitral institution
in India. He also appealed to the arbitral institutions for
training various professionals on the arbitration procedure.
Mr. Yogendra Kr. Modi, President, ICA delivered the
Welcome Address. In his address, Mr. Modi said that
institutional arbitration is becoming particularly important
for sections such as information technology and for
issues relating to IPR. Such Sectors and issues are
characterized by international transactions, where the
law applicable vary from country to country and involve a
high level of specialization in the domain concerned.
Mr. Modi requested the Hon’ble Chief Justice to consider
designating well recognized arbitral institutions like ICA
and made them a part of the scheme under Section 11
of the Arbitration & Conciliation Ac, 1996. This would
mitigate such delays as ICA provides for complete dispute
resolution services with quality case administration and
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Trends in International Commercial Arbitration &
Its relevance in India – October , 2004 – New Delhi
Mr. Yogendra Kr. Modi, President ICA,
Welcoming Mr. Kapil Sibal,
Hon’ble Minister of State (Independent
Charge) for Science & Technology
Mr. Yogendra Kr. Modi, President ICA,
delivering the Welcome address
Mr. Yogendra Kr. Modi, President ICA,
Welcoming Mr. Fali S Nariman, Vice
Chairman, ICC International Court of
Arbitration
39TH ANNUAL REPORT 2003-04
Mr. Fali S Nariman, Vice Chairman, ICC
International Court of Arbitration giving brief
interlude on the Conference.
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Trends in International Commercial Arbitration &
Its relevance in India – October , 2004 – New Delhi
Mr. Kapil Sibal, Hon’ble Minister of State
(Independent Charge) for Science & Technology,
inaugurating the Conference
Dr. Robert Briner, Chairman, ICC International
Court of Arbitration, delivering the key-note address
Mr. Suresh A Kotak, Vice President, ICC India,
proposing the Vote of Thanks
Interactive Meeting with Dr. Robert Briner, Chairman,
ICC International Court of Arbitration – October, 2004 – New Delhi
Dr. Robert Briner, Chairman, ICC International Court of Arbitration, addressing the Interactive
meeting. Also seen ( Mr. Suresh 39TH ANNUAL A Kotak, REPORT EMS Natchiappan, 2003-04 and Mr. G K Kwatra)
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with rules taking care of all the fundamental and also
ensuring expeditious process. Mr. Manandi N. Suresh,
President, FKCCI gave the introductory remarks and
Mr. D M Popat, Vice President, ICA proposed the Vote
of Thanks. The topics of the Conference were; Why
Institutional Arbitration matters, Arbitration and
Mediation in IPR Disputes, Information Technology
Dispute Resolution and Interim Measures & Enforcement
of Awards. The Conference amongst others was
addressed by Mr. Lalit Bhasin, Member, Governing Body,
ICA, Prof. V Nagraj, National Law School of India,
Mr. G Raghavan, Managing Partner, Dua Associates,
Mr. C Thiruvengadam, Advocate, Mr.Prithmesh D Popat,
Advocate and Mr. Aditya Sondhi, Advocate. The
Conference was attended by about 100 persons.
XXII) Interactive Meetings with Dr. Robert
Briner, Chairman, ICC International
Court of Arbitration - October 18, 2004 -
New Delhi & October 20, 2004 - Mumbai.
The ICA & ICC India organized Interactive Meeting with
Dr. Robert Briner, Chairman, ICC International Court of
Arbitration on 18th October 2004 at New Delhi. Besides
interacting with Dr. Briner on other issues the issue on
“Framing of Arbitration Clauses in the International
Commercial Arbitration” was discussed in detail.
XXIII) Conference on “Trends in International
Commercial Arbitration & its relevance in
India” - October 18-19, 2004 - New Delhi.
A Conference on “Trends in International Commercial
Arbitration & its relevance in India” was organized on
October 18-19, 2004 at New Delhi. Mr. Kapil Sibal,
Hon’ble Minister of State (Independent Charge) for
Science & Technology and Department of Ocean
Development inaugurated the Conference. The
Conference was addressed by Dr. Robert Briner,
Chairman, ICC International Court of Arbitration,
Paris, Mr. Fali S. Nariman, Member of Parliament &
Vice-Chairman. The topics of the Conference were;
Provisional/Interim Measures - how should the arbitration
law in India develop,Enforceability of awards; Dispute
Boards in the context of ICC Dispute Board Rules,
Criminal Law and Arbitration.
Mr. Yogendra Kr. Modi, President, ICA delivered the
Welcome Address which provided a brief background on
the theme of the Conference. He laid emphasises on
the importance of international dispute resolution
mechanism which has assumed greater significance with
growth in international trade and economic development.
Mr.Fali S Nariman, Member of Parliament, Vice Chair,
ICC International Court of Arbitration and Sr. Advocate,
Supreme Court gave a brief interlude on the Conference,
emphasizing that arbitration should be the preferred
method of dispute resolution and that there is a need to
faster growth of an international arbitration culture and to
constrantly keep abreast of global developments in
Intetnational Commercial Arbitration.
The key note address was presented by Dr. Robert Briner,
Chairman, ICC International Court of Arbitration, Paris,
wherein he provided a brief history of arbitration dating
back to almost 200 years. He stated that there was a
demand for knowledgeable arbitrators, having specialized
expertise in complex and intricate commercial matters,
and a need for good case management to ensure speedy
and cost effective dispute resolution. He also briefly
touched upon areas of concern facing arbitration, such
as the criminal aspect like money laundering,
confidentiality issues etc.
Hon’ble Minister Mr. Kapil Sibal delivered a thought
provoking inaugrual address urging the business
community to ‘arbitrate and not litigate’ and to opt for
speedy and efficacious proceedings provided by arbitral
institutions rather than adhoc arbitration. He concluded
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with the hope that the coming years would be of The meeting was attended by apart from members
‘conciliation, mediation and arbitration’.
of the Western Regional Executive Committee, by
Dr. Robert Briner, Chairman, ICC International Court
The first session, chaired by Dr. Robert Briner, witnessed
of Arbitration and members of the Law Committee of
eminent speakers such as Mr. Jagdeep Dhankar,
IMC. Dr. Robert Briner in his address complimented the
Ms. Bhavna Kohli and Mr. D M Popat,Vice President,
ICA for propagating the cause of arbitration by organizing
ICA discuss the scope of Arbitrators’ powers with regard
number of activities on different subjects of topical
to providing interim relief. Hon’ble Mr. Justice R S Pathak,
importance. The committee discussed the future
chaired the second session which had distinguished
activities to be organized in the Western Region.
speakers such as Mr. Dipankar Gupta, Mr. S K Dholakia
and Mr. P H Parekh giving presentations on the
XXV) Interactive Meeting on “India entering
enforceability of awards - public policy as a ground for
the main stream of International
setting aside the award. The third session had
Arbitration and problems facing that
Mr. D M Popat as the Chairperson and prominent
entry” - October 20, 2004 - Mumbai.
speakers like Mr.Sumit Kachwaha, Mr. O P Vaish and
Mr. O P Goel who provided insight on Dispute Resolution An interactive meeting on “India entering the main stream
Boards and the ICC Dispute Board Rules. The final of International Arbitration and problems facing that entry”
session, chaired by Mr. Fali S Nariman, broached the was held on October 20, 2004 at the premises of IMC,
subject of criminal law and arbitration with presentations Mumbai. The meeting was attended by some select
by reputed advocates such as Mr. Lalit Bhasin and Mr. corporate executives and retired judges and
Sidharth Luthra.
addressed by the Vice President, IMC, Mr. D M Popat,
Vice-President, ICA and Dr. Robert Briner, Chairman, ICC
Hon’ble Justice M Jagannadha Rao (Retd.), Chairman,
International Court of Arbitration.
Law Commission of India, closed the Conference with
his valedictory address which was an informative
XXVI) Conference on “Is this the time to review
summation of various schools of thought on the topics of
arbitration law in India” - October 21,
the Conference, which included issue of interim measures
2004 - Mumbai.
and their enforceability, criminal law and arbitration. He
also briefly touched upon the initiatives of UNCITRAL on A Conference on “Is this the time to review arbitration
the issue.
law in India” was organized on October 21, 2004
at Mumbai. Hon’ble Mr. Justice D C Bhandari,
The Conference was attended by more than 100
Chief Justice, Bombay High Court inaugurated
delegates.
the Conference. The Conference was addressed by
Hon’ble Mr. Justice B P Saraf, Former Chief Justice,
XXIV) Meeting of the ICA Western Regional
Jammu & Kashmir High Court, Dr. Robert Briner,
Executive Committee - October 20, 2004
Chairman, ICC International Court of Arbitration,
- Mumbai.
Mr. Goolam E. Vahanvati, Solicitor General of India,
A meeting of the Western Regional Executive Committee Mr. D M Popat, Member, ICC International Court of
was held on October 20, 2004 at the premises of IMC, Arbitration and Vice-President, ICA, Mr. Rafiq Dada,
Mumbai. The meeting was presided over by President, Bombay High Court Bar Association.
Dr. B P Saraf, Former Chief Justice, J & K High Court. Mr. Justice Arvind Savant, Former Chief Justice,
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Interactive Meeting on “India entering the main stream of International
Arbitration and problems facing that entry” – October, 2004 – Mumbai
Dr. Robert Briner, Chairman, ICC International Court of Arbitration, addressing the Interactive meeting
Is This The Time To Review Arbitration Law In India
October, 2004 – Mumbai
1 2
3 4
1 Hon’ble Mr. Justice D C Bhandari, Chief Justice, Bombay High Court, Delivering the inaugural address
2 Mr. T R Andhyarujina, Former Solicitor General of India, addressing the Conference
3 Mr. Rafiq Dada, President, Bombay High Court Bar Association, Chairing the Business Session
4 A view of the Audience
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Meeting of the ICA Western Regional Executive Committee
October, 2004 – Mumbai
A view of the meeting of the ICA Western Regional Executive Committee
Ist Symposium on "Strengthening Mediation and Arbitration Centres",
September 1-3, 2004 at Chamonix, France
Mr. DM Popat,Vice President, ICA
addressing the Symposium
Mr. GK Kwatra, Executive Director, ICA
addressing the symposium
Mr. GK Kwatra, Mr. DM Popat, Mr. Paul Walters (Czech Republic),
Mr. Ben Beaumont (Hong Kong) and Ms. Annette M Van (Netherlands)
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Kerala, High Court, Mr T S Andhyarujina, Former Solicitor
General of India, Mr. Justice S M Jhunjhunwala (Retd.)
Judge, Bombay High Court, Mr. S K Dholakia &
Mr. Jagdeep Dhankar, Sr. Advocates. The Conference
was attended by more than 100 delegates.
- “Arbitration and Alternative Dispute Resolution -
How to settle International Business Dispute: with
supplement on Indian Arbitration Law” - A joint
publication with International Trade Centre of
UNCTAD and WTO”.
XXVII) Arbitration Service Agreements
The ICA had entered into agreements of cooperation with
more than 40 apex arbitral institutions of the world for
cooperation between the organizations for promoting the
use of Arbitration proceedings by the respective
organizations.
XXVIII) ICA Arbitration Quarterly
The Council publishes an official arbitration journal, the
“ICA Arbitration Quarterly” to keep its members informed
about the latest developments of law and procedures in
India and abroad. Apart from specialised articles,
important court decisions rendered by the Supreme Court
of India and various High Courts are reported in the
Quarterly. Four issues of the Quarterly were brought out
during the year which were found useful and appreciated
by the members and other readers.
- “Arbitration and Contract Law in SAARC Countries
- with Case Law on UNCITRAL Model Law”
- “Arbitration Made Easy” - A Practical Guide in
English, Hindi and Malayalam languages.
- “Case Law on UNCITRAL Model Law on
International Commercial Arbitration - With
Reference To The Corresponding Provisions of
New Indian Arbitration Law”
- “Case Law on UNCITRAL Convention on Contracts
for the International Sale of Goods with Reference
to Corresponding Provisions of Indian Law”.
- “Construction Industry Arbitration”
- “Code of Conduct”.
The Editorial Board of the ICA Arbitration
Quarterly constituted during the year included
Mr. Yogendra Kr. Modi, Mr. D M Popat, Mr. O P Goel,
XXX)Arbitration Services of the Council in
Settlement of Commercial Disputes -
Domestic and International
Mr. P C Markanda, Mr. Ravinder Singhania and
Mr. G.K.Kwatra as members and Mr. S L Khurana
as Editor.
The Council has been providing its arbitration services
for smooth conduct of arbitration proceedings in domestic
and international commercial disputes. The institutional
XXIX) Publications of the Council.
arbitration facilities of the Council includes administrative
and appointing services, correspondence with the parties
The Council has been publishing informative literature/
publications on various aspects of commercial arbitration.
ICA publications include:
and the arbitrators, collection of documents and pleadings
from the parties, preparation of case files for the
arbitrators, fixation of hearings in consultation with the
- “Arbitration & Conciliation Law of India with case
law on UNCITRAL Model Law on Arbitration and
Sale of Goods”
arbitrators, parties and their lawyers, arrangements of
hearing rooms for arbitration meetings, secretarial
assistance and general coordination for expeditious and
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economic conduct of arbitration proceedings and
publication and compliance with the arbitration awards.
After the enactment of the Arbitration & Conciliation Act,
1996, the High Courts have referred some cases for
settlement through arbitration under the Rules of
Arbitration of the Council.
During the year, 84 new arbitration matters were received
by the Council, 67 under its commercial Rules of
Arbitration and 17 maritime arbitration matters. Out of
84 arbitration matters under the Rules of Arbitration of
the Council, 10 were of international character between
Indian and foreign parties from UAE, Greece, Moscow,
Hongkong, Switzerland, Malta, Panama & Liberia.
74 Cases were settled during the year by awards,
compromise settlement etc. 66 under ICA rules, and
8 under maritime arbitration rules.
At the beginning of the year, 592 arbitration cases were
pending with the Council at different stages of arbitration
proceedings. At the end of the year, 602 arbitration cases
were under process including 20 arbitration matters which
have been pending in courts pursuant to litigation between
the parties.
XXXI) Conciliation in International Trade
Complaints
Apart from arbitration services in the settlement of
commercial disputes, the Council has been providing
conciliation services for settlement of trade complaints
to minimise delays and costs in disputes resolution by
ADR techniques like mediation, conciliation, dispute
review procedures etc. Conciliation is generally done
through correspondence with a view to bringing the
parties around to an amicable settlement of the dispute.
Sometimes personal meetings with the concerned parties
are also arranged at their request.
XXXII) Advisory Services of the Council
With a view to preventing disputes from arising and
incorporating standard terms of contract particularly
arbitration clause, the Council has rendered its advisory
services to a large number of public undertakings,
government departments, business organisations who
approached the Council in regard to the formulation of
standard contract forms, trade terms, arbitration laws
and procedures in India and abroad. These services are
intended to educate the parties on the contract clauses
entered into by them. The Council has provided its
advisory services to public sector undertakings on
complimentary basis to promote the use of arbitration
and amicable settlement of business disputes.
XXXIII)Regional Offices of the Council
The Council has its regional offices at the premises
of the Indian Chamber of Commerce, at Kolkata,
Indian Merchants’ Chamber at Mumbai and Southern
India Chamber of Commerce & Industry at Chennai
to promote the use of arbitration and to provide
effective arbitration services. The addresses of regional
offices of the Council are:-
Western Regional Office
States : Maharashtra, Gujarat, Goa.
Office : The Indian Council of Arbitration
(Western Region),
c/o, Indian Merchants’ Chamber,
Indian Merchants Chamber Building,
IMC Marg, 76, Veer Nariman Marg,
Churchgate,
Mumbai - 400 020.
Southern Regional Office
States : Tamil Nadu, Kerala, Union Territory of
Pondicherry, Andhra Pradesh, Karnataka.
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Office : The Indian Council of Arbitration
(Southern Region),
c/o, Southern India Chamber of
Commerce and Industry,
Indian Chamber Building,
P B No. 1208, Esplanade,
Chennai - 600 018.
Eastern Regional Office
Council, by several business executives, legal and
arbitration consultants, arbitrators and research students.
XXXV) Provident Fund of the Council
Dr.Amit Mitra and Mr. G K Kwatra were appointed as
trustees of the Indian Council of Arbitration Employees’
Provident Fund for the year 2003-2004 by the Governing
Body of the Council, during the year.
States : West Bengal, Tripura, Assam, Meghalaya,
Nagaland, Sikkim, Orissa, Bihar, Arunachal
Pradesh, Manipur.
Office : The Indian Council of Arbitration
(Eastern Region),
c/o, Indian Chamber of Commerce,
India Exchange,
4, India Exchange Place,
Kolkata - 700 001.
The regional offices extended their cooperation in the
successful organisation of conferences, interactive
meeting etc. organised by the Council during the year.
The Council also have its state level offices at Pune,
Hyderabad, Bangalore, Bhubaneshwar, Jaipur,
Ahmedabad, Cochin and Guwahati which are functioning
from the apex Chambers of Commerce.
XXXIV) Library
The Council maintains a comprehensive library on
arbitration and allied subjects, for use by members of
the Council and other interested persons. The library is
equipped with latest publications and literature from India
and abroad. Important journals and periodicals published
from important foreign arbitral institutions are also being
collected and added in the library for use of members,
arbitration practitioners and legal and business
community in India. As usual, the library of the Council
has been extensively used apart from members of the
XXXVI) Membership of the Council
The Council has addressed several communications to
various important business organisations, chambers of
commerce and distinguished businessmen, legal
community, professionals, Chartered Accountants and
Individuals interested in the field of arbitration urging them
to join in the membership of the Council. Pursuant
thereto a number of important firms, Chartered
Accountants and Individuals have shown their keen
interest in the arbitration services of the Council and joined
as members.
The total membership of the Council stood at 4286 during
the year, which includes 18 Foundation Members,
48 Ordinary Members, 387 Associate Members and
3814 Individual Members. 254 Members have joined
Life/Permanent Membership by paying lumpsum
subscription during the year. A complete list of Members
of the Council for the year 2003-3004 is available at ICA
website: ica@nda.vsnl.net.in.
39TH ANNUAL REPORT 2003-04
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INDIAN COUNCIL OF
ARBITRATION (ICA)
STATEMENT OF ACCOUNTS
39TH ANNUAL REPORT 2003-04
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REPORT OF AUDITORS TO THE MEMBERS
We have audited the attached balance sheet of the Indian Council of Arbitration as at 31st March, 2004 and the
annexed Income and Expenditure Account and Receipts and Payments Account of the council for the year ended
on that date annexed thereto. These financial statements are the responsibility of the Council’s management. Our
responsibility is to express an opinion on these financial statements based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in India. Those Standards require
that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free
of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and
disclosures in the financial statements. An audit also includes assessing the accounting principles used and
significant estimates made by management, as well as evaluating the overall financial statement presentation. We
believe that our audit provides a reasonable basis for our opinion
Further to our comment above we report that :
1. We have obtained all the information and explanations which to the best of our knowledge and belief were
necessary for the purpose of our audit;
2. Proper books of account have been kept by the Council so far as appears from our examination of books;
3. The Balance Sheet and Income & Expenditure and Receipt & Payments Account are in agreement with the
books of accounts;
4. In our opinion and to the best of our information and according to the explanations given to us the said accounts,
subject to:
(i)
regarding provision having not been made for income tax damend of Rs.532679/- (being disputed and under
appeal; note no. 4)
(ii) accounting for Leave encashment payment on cash basis as against accrual basis which is not in
accordance with accounting standards (AS15) “Accounting for retirement benefits” (Accounting Policies
no. 6(b)) and read with the other attached thereto and appearing thereon give a true and fair view in
conformity with the accounting principles generally accepted in India:-
(i) In the case of Balance Sheet of the state of affairs of the Council as at 31st March, 2004;
(ii) In the case of Income & Expenditure Account of the surplus for the year ended on the date; and
(iii) In the case of Receipts and Payments Account of the receipts and payments for the year ended on
that date.
For KHANNA & ANNANDHANAM
Chartered Acountants
(Sd/-)
Place : New Delhi.
Date : 9th August, 2004
K. A. BALASUBRAMANIAN
Partner
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THE INDIAN COUNCIL OF
BALANCE SHEET AS AT
As At
As At
31.3.2003 LIABILITIES 31.3.2004
(Rs.)
(Rs.)
CAPITAL FUND
PERMANENT/LIFE MEMBERSHIP FUND
As per last Balance Sheet 1,12,56,700
1,12,56,700 Add: Received during the year 9,11,600 1,21,68,300
RESERVES & SURPLUS
As per last Balance Sheet 1,00,16,420
Add: Excess Provision written off
from Gratuity Fund 1,14,151
Add: Excess of Income over
Expenditure as per Income
1,00,16,420 & Expenditure A/c 5,88,844 1,07,19,415
PROVISION FOR RETIREMENT GRATUITIES
As per last Balance Sheet 14,73,515
Less: Excess Provision Written Off 1,14,151
13,59,364
Add: Interest received/
14,73,515 accrued on Investments 1,61,809 15,21,173
CURRENT LIABILITIES & PROVISIONS
7,00,859 Sundry Creditors 2,99,283
Advance Subscriptions
— From Existing/
81,900 Proposed Members 67,300
— From Proposed Members for
— Permanent/Life Membership 2,400
300 — For Journal —- 69,700 3,68,983
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ARBITRATION — NEW DELHI
31ST MARCH 2004
As At
As at
31.3.2003 ASSETS 31.3.2004
(Rs.)
(Rs.)
2,70,229 FIXED ASSETS 3,75,345
(As per Schedule ‘A’ Attached)
3,57,28,320 INVESTMENTS 4,80,86,170
(As per Schedule ‘B’ Attached)
A) CURRENT ASSETS
22,32,242 — Interest Accrued on Investments 14,73,124
17,000 — Sundry Debtors (Considered Good) 1,39,180
— Cash & Bank Balance
28,063 Cash & Stamps in Hand 22,390
— Balance with Scheduled Banks
7,206 In Current A/c. 2,926
1,45,207 In Savings A/c 4,14,681
4,00,000 In Fixed Deposits 1,00,000
7,116 Accrued Interest on FDR 130 5,17,737
— For Arbitration Cases
20,601 In Savings A/c 21,364
29,11,344 In Fixed Deposits 22,00,000
43,079 Accrued Interest on FDR 21,004 22,42,368
— For Gratuity Fund
3,360 In Savings A/c —-
15,20,677 In Fixed Deposits 15,20,677
3,17,433 Accrued Interest on FDR 4,70,535 19,91,212
39TH ANNUAL REPORT 2003-04
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As At
As At
31.3.2003 LIABILITIES 31.3.2004
(Rs.)
(Rs.)
Advance from Parties to Arbitration
Balance as per last Balance Sheet 2,22,88,823
Add: Received during the year
(Gross) (Taxes Deducted at Source
Rs.57,785/-)(Previous Year Rs.47,781/-) 2,11,03,325
4,33,92,148
Less:(i) Expenditure during the year 92,07,647
(ii) Income on completion of
cases transferred to Income
2,22,88,823 & Expenditure A/c. 25,72,282 1,17,79,929 3,16,12,219
31,329 Other Liabilities 1,16,365
4,07,424 Unclaimed Deposit from Parties 4,07,424
4,62,57,270 TOTAL 5,69,13,879
As per our Report to the Members attached separately
For KHANNA & ANNANDHANAM
Chartered Accountants
(Sd/-)
NEW DELHI K. A. BALASUBRAMANIAN
DATE : 9th August, 2004
Partner
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As At
As at
31.3.2003 ASSETS 31.3.2004
(Rs.)
(Rs.)
— For Permanent/Life
Membership Subscription Fund
5,569 In Savings A/c 1,802
16,40,000 In Fixed Deposits 4,00,000
6,034 Accrued Interest on FDR 521 4,02,323 53,15,210
B) LOANS & ADVANCES
(Considered Good)
73,968 — Conveyance Loan to Staff 51,612
3,40,505 — House Building Advances to Staff 4,60,847
18,620 — Prepaid Expenses 18,496
5,20,697 — Income Tax Deducted at Source 10,18,421
— — Interest Recoverable on Income Tax Refund 22,138
— — Advance for Travelling 92,516 16,64,030
4,62,57,270 TOTAL 5,69,13,879
(Sd/-) (Sd/-) (Sd/-) (Sd/)
Yogendra Kr. Modi Onkar S. Kanwar Amit Mitra G K Kwatra
President Sr. Vice-President Member, Governing Body Executive Director
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THE INDIAN COUNCIL OF ARBITRATION TION - NEW DELHI
SCHEDULE OF FIXED ASSETS AS AT 31ST MARCH 2004
Schedule ‘ ‘A’
NAME COST DEPRECIATION
WRITTEN DOWN
OF VALUE
(Rs.) (Rs.)
(Rs.) (Rs.)
ASSETS As on Additions Sale/Adj-
1.4.03 -ustments
Sale/Adj- As on
-ustments 31.3.04
(Rs.) (Rs.)
As on Upto
31.3.04 31.3.03
(Rs.) (Rs.)
Upto For the
31.3.03 year
(Rs.) (Rs.)
For the On Sale/
On Sale/ Upto
year Adjustments
(Rs.) (Rs.)
Adjustments 31.3.04
(Rs.) (Rs.)
Upto On
31.3.04 31.3.04
(Rs.) (Rs.)
On On
On
31.3.04 31.3.03
(Rs.) (Rs.)
Office Equipment 1,36,859 21,600 - 1,58,459 94,890 7,431 - 1,02,321 56,138 41,969
Furniture & 3,05,669 - - 3,05,669 1,72,379 13,329 - 1,85,708 1,19,961 1,33,290
Fixtures
Cycle 1,265 - - 1,265 1,236 6 - 1,242 23 29
Air-Conditioner 1,04,055 48,400 - 1,52,455 96,994 15,657 - 1,12,651 39,804 7,061
Computer 5,14,211 1,51,400 60,000 6,05,611 4,26,331 73,363 53,502 4,46,192 1,59,419 87,880
Total 10,62,059 2,21,400 60,000 12,23,459 7,91,830 1,09,786 53,502 8,48,114 3,75,345 2,70,229
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Schedule-B
THE INDIAN COUNCIL OF ARBITRATION — NEW DELHI
SCHEDULE OF INVESTMENTS AT COST AS AT 31ST MARCH 2004
PARTICULARS As at As at
31.3.2003 31.3.2004
(Rs.)
(Rs.)
1. In 16.1/2% Unsecured Bonds of Rs.1,000/- each with Public Sector Undertakings
Indian Railway Finance Corpn. Ltd. 7,10,000 ——
2. In 16% Unsecured Bonds of Rs.5,000/- each with Public Sector Undertakings
Industrial Finance Corporation of India Ltd. 10,00,000 ——
3. In Fixed Deposits with Public Sector Undertakings.
a) Steel Authority of India Ltd. (f.v. Rs.35,50,000/-) 34,98,525 34,98,525
b) Bharat Petroleum Corpn. Ltd. (f.v. Rs.3,00,000/-) 2,97,450 ——
c) HUDCO (f.v. Rs.50,00,000/-) 37,71,500 49,52,500
d) I.F.C.I. Ltd. (f.v. Rs.5,00,000/-) 4,96,250 4,96,250
e) ICICI Home Finance Ltd. (f.v. Rs.8,00,000/-) 7,92,800 7,92,800
f) IDBI Suvidha Bond (f.v. 35,00,000/-) —— 34,66,750
g) FACT (f.v. Rs. 15,00,000/-) —— 14,82,000
4. In Units Trust of India
a) Under CRTS - 1981 8,780 units (Previous 8,780 units)
of face value of Rs.100/- per unit. 10,10,125 10,10,125
b) Under M.I.P. 98 (ii) 19,60,000 ——
c) Under M.I.P. 98 (iii) 2,00,000 ——
5. In 14% Regular Income Bond with Public Sector Undertakings
a) Industrial Credit & Investment Corpn. of India Ltd. 40,50,000 16,50,000
b) Industrial Development Bank of India 20,00,000 20,00,000
6. In 13.75% Regular Income Bond with Public Sector Undertakings
Industrial Credit & Investment Corpn. of India Ltd. 10,15,000 ——
7. In 13.50% Regular Income Bond with Public Sector Undertakings
Industrial Credit & Investment Corpn. of India Ltd. 3,50,000 ——
8. In 12.50% Regular Income Bond with Public Sector Undertakings
Industrial Development Bank of India (f.v. Rs.16,10,000/-) 16,03,560 16,03,560
9. In 11% Regular Income Bond with Public Sector Undertakings
a) Industrial Development Bank of India (f.v. Rs.5,00,000/-) 4,99,500 4,99,500
b) ICICI (f.v. Rs.15,00,000/-) 14,89,500 14,89,500
10. In 11.50% Regular Income Bond with Public Sector Undertakings
IDBI (f.v. Rs.19,60,000/-) 19,57,060 19,57,060
11. In 10.6% Regular Income Bond with Public Sector Undertakings
ICICI (f.v. Rs.46,00,000/-) 45,67,800 ——
12. In 9.5% Money Multiplier Bond with Public Sector Undertakings
- ICICI Ltd. (f.v. Rs.10,00,000/-) 9,92,500 9,92,500
13. In 8% RBI Bonds —— 2,21,95,100
TOTAL 3,57,28,320 4,80,86,170*
(*includes Rs.73,01,370/- and Rs.3,40,12,650/- for Earmarked funds and Arbitration Cases Deposits respectively)
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The Indian Council of
Income & Expenditure Account for
As At
As At
31.3.03 EXPENDITURE 31.3.04
(Rs.)
(Rs.)
19,40,099 Establishment 20,74,504
90,435 Medical Reimbursement 89,052
—— Contribution to Staff Gratuity Fund ——
1,34,802 Leave Travel Concession 16,864
2,72,985 Encashment of Earned Leave 61,497
Income-Tax Consultancy Fee &
38,346 Legal Expenses 38,450
5,200 Hindi Translation Charges 7,000
1,10,889 Contribution to Staff Provident Fund 1,10,361
44,250 Conveyance 88,056
1,61,486 Travelling 1,13,366
4,29,086 Postage, Courier and Fax 5,58,033
81,376 Telephone 1,66,898
Charges for Maintenance of Office Space to Federation
Office Space to Federation of Indian Chambers of
6,25,408 Commerce & Industry 8,89,906
(including electricity expenses relating to earlier years Rs.1,29,191)
14,937 Staff Welfare 29,947
6,18,637 Printing & Stationery 7,38,379
1,29,143 Miscellaneous 1,68,445
16,200 Honorarium to Auditors 21,600
2,975 Membership & Subscription to Journals 24,027
8,123 Hospitality 10,942
13,968 Annual General Meeting 15,365
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Arbitration — New Delhi
the Year ended on 31 st March 2004
As At
As At
31.3.03 INCOME 31.3.04
(Rs.)
(Rs.)
4,41,400 Subscription 3,41,600
Interest Earned
a) On Permanent/Life Membership
Subscription
(Gross) (Taxes Deducted at Source
Rs.1,16,891/-) (Previous year Rs. 34,564/-)
67 — On Savings A/c 61
1,56,800 — On Fixed Deposits 1,51,287
9,59,582 — On Investments 8,36,248
b) On Arbitration Cases Deposits
(Gross) (Taxes Deducted at Source
Rs.2,67,838/-) Previous year Rs. 1,10,992/-)
800 — On Savings A/c 763
3,09,131 — On Fixed Deposits 2,24,233
21,98,801 — On Investments 26,74,929
c) On Surplus Amount
(Gross) (Taxes Deducted at Source
Rs.43,174/-) (Previous year Rs. 25,966/-)
21,811 — On Savings A/c 31,404
39,500 — On Fixed Deposits 32,514
6,44,284 — On Investments 6,20,257
6,776 d) On conveyance loan to staff 5,745
4,477 e) On house building advances to staff 8,574 45,86,015
20,89,331 Income from Arbitration Cases 25,72,282
2,36,000 Registration Fee for Arbitration Cases 2,09,500
57,599 Sale of Publications 1,61,955
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As At
As At
31.3.03 EXPENDITURE 31.3.04
(Rs.)
(Rs.)
21,615 Books & Periodicals 1,474
50,000 Expenses on Branch Offices 50,000
7,61,891 Journals, Pamphlets & Publications 10,73,928
2,64,470 Repair & Maintenance 2,03,855
3,88,889 General Publicity & Advertisement 5,36,835
Expenses on Conferences, Regional Meetings,
2,54,312 Technical Meetings 6,45,669
3,500 Debt not Realised 5,000
50,717 Depreciation 1,09,786
12,61,832 Excess of Income over Expenditure carried to Balance Sheet 5,88,844
77,95,571 TOTAL
84,38,083
As per our Report to the Members attached separately
For KHANNA & ANNANDHANAM
Chartered Accountants
(Sd/-)
NEW DELHI K. A. BALASUBRAMANIAN
DATE : 9th August, 2004
Partner
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As At
As At
31.3.03 INCOME 31.3.04
(Rs.)
(Rs.)
4,91,300 Fee Received from Conferences 3,77,200
1,12,779 Miscellaneous Income 5,000
—— Profit on Sale of Fixed Assets 3,502
300 Subscription for Journal 400
—— Creditors no longer payable now written back 1,58,491
—— Interest Income on Income Tax Refund 22,138
77,95,571 TOTAL
84,38,083
(Sd/-) (Sd/-) (Sd/-) (Sd/)
Yogendra Kr. Modi Onkar S. Kanwar Amit Mitra G K Kwatra
President Sr. Vice-President Member, Governing Body Executive Director
39TH ANNUAL REPORT 2003-04
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ACCOUNTING POLICIES & NOTES TO THE
ACCOUNTING
A. ACCOUNTING POLICIES
1. Financial Statement
The Financial Statement have been prepared on accrual basis, excepting to the extent stated elsewhere,
and based on applicable accounting standards.
2. Fixed Assets
Fixed Assets are stated at cost less accumulated depreciation.
3. Depreciation
Depreciation on fixed assets is provided on written down value method on prorata basis at the
following rates:
Furniture & Fixture 10%
Office Equipment 15%
Vehicle 20%
Air-conditioner 33.33%
Computer 40%
4. Subscription
a. Membership Subscription is accounted for on cash basis. However subscription received in
advance is carried over and recognized as income in the year to which it pertains.
b. Life Membership subscription is credited to life membership Fund Account.
5. Fees from arbitration cases
a. Income from arbitration services is recognize when the arbitration cases are concluded and
closed.
b. Registration fees for arbitration cases is accounted for at the time of registration/receipt.
6. Employee Benefits
a. Provision for retiring Gratuity to eligible employee is made based on the policy of the Council.
b. Leave Encashment payment is accounted for on cash basis and no accrual thereof is created.
c. Provident Fund contributions are accounted for on accrual basis and the amount collected is
deposited with provident fund trust account.
7. Publication
Stock of publication in hand at close of the year are not valued and brought into the books.
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B. NOTES TO THE ACCOUNTS
1. Following past practice expenditure incurred on publication/books are charged off in the year in which
they incurred and no value is assigned to unsold publication in hand at the close at the year.
2. During the year under consideration the Council had printed publications costing Rs.222088/- (delivery
of publications effected prior to 31st March, 2004 but invoiced partly prior to 31.3.2004 and partly
thereafter) for which accounting entry has been recorded creating a liability for a like amount to the
publications having been distributed substantially prior to 31st March 2004.
3. For want of particulars & clarification, subscription received in the earlier years amount to Rs.28365/-
continues to be treated as advance subscription and carried forward as liabilities.
4. (a) Provision for demands raised by the income tax department for the assessment year 84-85, 85-86
and 89-90 aggregating to Rs.532679/- has not been created as appeals have been preferred against the
orders and the management is hopeful of succeeding in the appeals.
(b) Income Tax assessment up to assessment year 2003-04 have been completed on nil income basis
and refunds received.
5. Previous year figures have been rearranged/regrouped wherever found necessary.
39TH ANNUAL REPORT 2003-04
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The Indian Council of
Receipts & Payments Account For
As at
Receipts
As at
31.3.03 31.3.04
(Rs.)
(Rs.)
BALANCE AS ON 1.4.2003
59 Cash in Hand 5,575
15,235 Postage Stamps in Hand 22,488
Bank Balances
7,206 - In Current Accounts 7,206
1,16,799 - In Savings Accounts 1,74,737
64,72,021 - In Fixed Deposits 64,72,021
3,33,78,095 Investments 3,57,28,320
Subscription
3,45,400 For 2002-2003 6,400
80,300 For 2003-2004 3,35,200
—- For 2004-2005 67,300
Permanent/Life Membership Subscription
9,18,800 For 2002-2003 —-
—- For 2003-2004 9,11,600
For 2004-2005 2,400
63,299 Sale of Publications 31,275
96,55,333 Receipts for Arbitration Cases 2,10,45,540
2,39,500 Registration Fee for Arbitration Cases 2,17,000
35,253 Advances Recovered from Staff 52,014
—- Other Advances Received —-
40,88,459 Interest Received from Banks/Fixed Deposits/Investments 49,41,992
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Arbitration — New Delhi
the Year ended on 31 st March 2004
As at
PAYMENTS
As at
31.3.03 31.3.04
(Rs.)
(Rs.)
15,750 Audit Fee for 2002-2003 16,200
22,15,490 Establishment 20,74,504
90,435 Medical Reimbursement 89,052
1,34,802 Leave Travel Concession 16,864
2,72,985 Encashment of Earned Leave 61,497
1,07,925 Contribution to Provident Fund 1,10,361
1,57,926 Travelling 1,16,926
44,250 Local Conveyance 84,042
15,500 Staff Welfare 30,052
4,14,460 Postage, Telegram and Fax 6,26,566
90,033 Telephone Expenses 1,59,673
5,77,908 Payment to FICCI 9,15,398
4,87,963 Printing & Stationery 9,10,518
1,31,545 Miscellaneous 1,68,445
800 Membership & Subscription to Journals 23,798
21,615 Books & Periodicals 1,474
8,123 Hospitality 10,942
7,61,891 Expenses on Journals, Pamphlets & Publications 10,73,928
38,346 Income-Tax Consultancy Fee & Legal Expenses 38,450
5,200 Hindi Translation Charges 7,000
2,64,470 Repair & Maintenance 2,03,855
65,10,933 Expenses on Arbitration Cases 92,07,647
3,88,889 General Publicity & Advertisement 5,36,835
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As at
RECEIPTS
As at
31.3.03 31.3.04
(Rs.)
(Rs.)
1,12,779 Miscellaneous Receipts 5,000
5,22,300 Fee Received for Regional Conferences, Technical Meetings, etc. 3,78,200
—- Subscription Received for Journal 400
6,776 Interest on Conveyance Loan to Staff 5,745
4,477 Interest on House Building Advance to Staff 8,574
6,81,311 Refund of TDS (Net of TDS) —-
5,67,68,235 TOTAL
7,04,18,987
As per our Report to the Members attached separately
For KHANNA & ANNANDHANAM
Chartered Accountants
(Sd/-)
NEW DELHI K. A. BALASUBRAMANIAN
DATE : 9th August, 2004
Partner
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As at
PAYMENTS
As at
31.3.03 31.3.04
(Rs.)
(Rs.)
1,89,000 Advances Given to Staff 1,50,000
35,000 Branch Office Expenses 40,000
2,54,312 Expenses on Regional Conferences, Technical Meetings, etc. 6,45,669
13,968 Annual General Meeting 15,365
67,000 Computer 1,51,400
3,920 Furniture and Fixtures —-
—- Air Conditioners 48,400
1,250 Office Equipment 21,600
—- Advance for Travelling 92,516
6,36,859 Expenses on ICCA Conference —-
3,99,340 Payment of Gratuity (net of Receipts on account of interest) —-
BALANCE AS ON 31-3-2004
5,575 Cash in Hand 6,543
22,488 Postage Stamps in Hand 15,847
Bank Balance
7,206 - In Current Accounts 2,926
1,74,737 - In Savings Accounts 4,37,847
64,72,021 - In Fixed Deposits 42,20,677
3,57,28,320 Investments 4,80,86,170
5,67,68,235 TOTAL
7,04,18,987
(Sd/-) (Sd/-) (Sd/-) (Sd/)
Yogendra Kr. Modi Onkar S. Kanwar Amit Mitra G K Kwatra
President Sr. Vice-President Member, Governing Body Executive Director
39TH ANNUAL REPORT 2003-04
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The Indian Council of Arbitration
Balance Sheet as at
LIABILITIES
Amount (Rs.)
CAPITAL AL FUND
Employees’
Employers’
CONTRIBUTION ACCOUNT
Contribution
Contribution
Balance as at 1.4.2003 13,09,378 9,21,943 22,31,321
Add: Contribution during the year 1,71,255 1,10,361 2,81,616
Interest Credited 69,344 47,449 1,16,793
15,49,977 10,79,753 26,29,730
LAPSES & FORFEITURES
ACCOUNT (ALLOCATED
TO MEMBERS ACCOUNT)
Balance as at 1.4.2003 11,605
Add: Interest Credited 581 12,186
SURPLUS INTEREST (ALLOCATED
TO MEMBERS ACCOUNT)
Balance as at 1.4.2003 12,74,847
Add: Transfer from Unallocated
Interest during the year. 2,16,814 14,91,661
SUSPENSE ACCOUNT
(UNALLOCATED INTEREST)
Balance as at 1.4.2003 2,59,572
Add : Transfer from Interest
Account during the year 1,69,506
4,29,078
Less:Interest Allocated to
Members during the year 2,16,814 2,12,264
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Employees’ Provident Fund - New Delhi
31st March 2004
ASSETS
Amount (Rs.)
INVESTMENTS (AT COST)
9.50% Central Govt. Loan-2004 35,800
(f.v. Rs.35,800/-)
7% Central Govt. Loan-2009 8,694
(f.v. Rs.9,000/-)
Special Deposit with Bank of Baroda, New Delhi 30,97,143
31,41,637
INTEREST ACCRUED ON INVESTMENTS 73,072
Due from ICICI Bank 3,60,000
RECOVERABLE LOANS TO STAFF
Balance as at 1.4.2003 1,04,509
Add : Loans given during the year 1,50,000
2,54,509
Less : Repayments during the year 1,13,669 1,40,840
39TH ANNUAL REPORT 2003-04
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LIABILITIES
Amount (Rs.)
INTEREST ACCOUNT
Interest from Bank & Investments including on loans to staff 2,73,903
Add: Interest on Loans to Staff 17,977
2,91,880
Less: Expenses 5,000
2,86,880
Less:Credited to Contribution Account as above 1,16,793
1,70,087
Less: Credited to Lapses & Forfeitures Account as above 581
1,69,506
Less: Balance transferred to Suspense Account 1,69,506 —
TOTAL
43,45,841
Notes: 1. Members Contribution is inclusive of
Voluntary Contribution from Members
Examined and Found Correct
For KHANNA & ANNANDHANAM
Chartered Accountants
(Sd/-)
NEW DELHI K.A. BALASUBRAMANIAN
DATE : 9th August, 2004
Partner
36
39TH ANNUAL REPORT 2003-04
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ASSETS
Amount (Rs.)
BALANCE WITH BANK OF BARODA, NEW DELHI
— In Savings Account 6,30,292
TOTAL
43,45,841
We hereby certify that the above Balance Sheet
is true and correct to the best of our information.
(Sd/-)
AMIT MITRA
Trustee
(Sd/-)
G. K. KWATRA
Trustee
39TH ANNUAL REPORT 2003-04
37
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39TH ANNUAL REPORT 2003-04
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PRESIDENTS – PAST AND PRESENT
* Mr. S L Kirloskar 1965-66
* Mr. Ramanbhai B Amin, Baroda 1966-67
* Mr. L N Birla, Calcutta 1967-68
* Rai Bahadur G M Modi, Modinagar 1968-69
* Dr Ramnath A Podar, Mumbai 1969-70
* Mr. D C Kothari, Chennai 1970-71
Mr. S S Kanoria, Calcutta 1971-72
Mr. Madan Mohan Mangaldas, Ahmedabad 1972-73
Dr Charat Ram, New Delhi 1973-74
Mr. K K Birla, Calcutta 1974-75
Mr. Harish Mahindra, Mumbai 1975-76
* Mr. M V Arunachalam, Chennai 1976-77
* Mr. B P Podar, Calcutta 1977-78
Mr. Pravinchandra V Gandhi, Mumbai 1978-79
Mr. H S Singhania, New Delhi 1979-80
Mr. K N Modi, Modinagar 1980-81
Mr. Arvind N Lalbhai, Ahmedabad 1981-82
* Cav G K Devarajulu, Coimbatore 1982-83
* Mr. A K Jain, Calcutta April-Sept. 1983
Dr Bharat Ram, New Delhi 1983-84
* Mr. A K Jain, Calcutta 1984-85
Mr. D N Patodia, New Delhi 1985-86
* Mr. K S G Haja Shareeff, Chennai 1986-87
Mr. Rohit C Mehta, Ahmedabad 1987-88
* Mr. Raunaq Singh, New Delhi 1988-89
Mr. S K Birla, Calcutta 1989-90
Mr. V L Dutt, Chennai 1990-91
Mr. Kantikumar R Podar, Mumbai 1991-92
*Dr Bansi Dhar, New Delhi 1992-93
Mr. A K Rungta, Calcutta 1993-94
Mr. Deepak Banker, Chennai 1994-95
*Mr. A S Kasliwal, Mumbai 1995-96
Mr. K K Modi, New Delhi 1996-97
Mr. Sudhir Jalan, Calcutta 1997-98
Mr. G.P. Goenka, Calcutta 1998-99
Dr. A.C. Muthiah, Chennai 1999-2001
Mr. Chirayu R Amin, Vadodara 2001-2002
Mr. Rajendra S Lodha, Kolkata 2002-2003
Mr. Yogendra Kr. Modi, Gurgaon 2003-2004
* Since deceased
39TH ANNUAL REPORT 2003-04
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International Co-operation Agreements
The Council has established a high international profile and provide legal and arbitration facilties. ICA has
signed cooperation agreements with 40 major arbitral centres around the world. India is a Signatory to the New
York Convention.
1. The Board of Trade of Thailand
2. The Korean Commercial Arbitration Association
3. The Yugoslav Chamber of Economy, Belgrade
4. The Bulgarian Chamber of Commerce & Industry, Sofia
5. The Chambers of Commerce and Industry of the Socialist Republic of Romania
6. The International Chamber of Commerce, The Court of Arbitration of the International Chamber of
Commerce, The Indian National Committee of the International Chamber of Commerce
7. The Asian-African Legal Consultative Committee, The Regional Centre for Arbitration at Kuala Lumpur
8. The Scottish Council for Arbitration
9. The Australian Centre for International Commercial Arbitration
10. The Nederlands Arbitrage Instituut, Rotterdam
11. The Arbitration Institute of the Stockholm Chamber of Commerce, Stockholm
12. The American Arbitration Association
13. The Danish Committee of International Arbitrators
14. The Permanent Arbitration Court of the Mauritius Chamber of Commerce and Industry
15. The Chamber of Commerce and Industry of the Russian Federation
16. The German Institution of Arbitration
17. The Cairo Regional Centre for International Commercial Arbitration
18. The Arbitration Court Attached to the Economic Chamber of the Czech Republic
19. The Swiss Arbitration Association
20. The Cameroon Committee of Arbitration, Douala
21. Ghana Arbitration Centre
22. Greek Arbitration Association, Athens, Greece
23. The Tokyo Maritime Arbitration Commission of the Japan Shipping Exchange, Inc.
24. The Philippine Dispute Resolution Center, Inc.
25. The Arbitration Centre of the Institute for the Development of Commercial Law & Practice Srilanka
26. The Association of Arbitrators, South Africa
27. The Chartered Institute of Arbitrators, London
28. The London Court of International Arbitration
29. The Chamber of National and International Arbitration of Milan
30. The Greek Arbitration Association, Athens, Greece
31. Mediterranean Aritration Council Legal Seat, Milan, Italy
32. The Association of Arbitrators of Nigeria, Lagos, Nigeria
33. The WIPO Arbitration and Mediation Center World Intellectual Property Organization, Geneva Switzerland
34. The China International Economic and Trade Arbitration Commission
35. The Chartered Institute of Arbitrators, Kenya Branch
36. The Polish Arbitration Association, Poland
37. The G.C.C. Commercial Arbitration Centre, Bahrain
38. The Bahrain Centre for International Commercial Arbitration (BACICA), Bahrain
39. The Federation of Bangladesh Chambers of Commerce & Industry, Dhaka
40. The Arbitration Association of the Republic of China

ICA AND ITS SERVICES
Institutional
Arbitration Clause
saves time
and prevents complication
choose ICA Rules
of Arbitration
and Venue
to be in India

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ICA MISSION
‘The’ ideal forum for Institutional Arbitration which is Les Justes*
L - Low Cost
E - Efficient
S - Simple
J - Just
U - User Friendly
S - Speedy
T - Trust Worthy
E - Equitable
S - Serviceable
*French Word - Meaning “The Just”
ICA Branch Offices / State Level Offices
Mr. S L Khurana
Dy Secretary
Indian Council of Arbitration
Federation House
Tansen Marg, New Delhi-110001
Phone : 91-11-23738760-70, 23719103
Fax : 91-11-23320714, 23721504 Email : ficci@ficci.com
Western Region
Mr. P.N Mogre, Secretary General
IMC Buildings, IMC Marg,
76, Veer Nariman Road,
Churchgate, Mumbai - 400 020
Ph: 020- 22046633, Fax: 022- 22048508
State of Karnataka
Dr. C Manohar, Secretary
Federation of Karnataka Chambers of Commerce and Industry,
Federation House, Kempegowda Road
Bangalore - 560 009
Ph: 080 - 22262157, 22262355/56; Fax: 080 - 22251826
State of Andhra Pradesh
Ms. M Hemlata, Secretary
Federation of Andhra Pradesh Chambers of Andhra Pradesh
Chamber of Commerce and Industry,
11-6-841, Red Hills, Hyderabad - 500 004
Ph: 040 - 23393428, 23393658; Fax: 040 - 23395083, 23393712
Eastern Region
Mr. N Arif, Secretary General,
Indian Chamber of Commerce
4, India Exchange Place,
Kolkata - 700 001
Ph: 033-22203242-44; Fax:033- 22213377
State of Rajasthan
Dr.K.L Jain, Hon. Secretary
Rajasthan Chambers of Commerce & Industry, Rajasthan
Chamber Bhawan, M.I Road, Jaipur - 302 003
Ph: 0141- 2565163; Fax: 0141-2561419
State of Kerela
Mr. S.A Mansoor, Secretary
Kerela Chambers of Commerce & Industry, Chamber Corner,
Shanmughan Road, Cochin - 682 031
Ph: 0484 - 354885, 380950 Fax: 0484 - 374253
State of Maharashtra
Mr. D.K Abhyankar, Director General
Mahratta Chamber of Commerce, Industry & Agriculture,
Tilak Marg, Pune - 411 002
Ph: 020- 4440371, 4440472 Fax: 020- 4447902
State of Orissa
Mr. Debabrata Dash, Secretary
Utkal Chambers of Commerce & Industry,
301, Vandana Apartments, Vivekananda Marg,
Bhubaneswar - 751 002
Ph: 0674- 2301211, 2344056 Fax: 2302059
North-East States
Mr. D.K Sharma, Secretary,
North - East Chamber of Commerce & Industry, Zoo Road Tiniali,
Opp. Geeta Nagar Police Station,
Guwahati - 781 024
Ph: 0361 - 2417074; Fax: 0361 - 2410461
Indian Council of Arbitration
Federation House, Tansen Marg, New Delhi - 110 001
Ph. : 23719103, 23319849, 23319760, 23738760-70 (11 lines)
Fax : 23320714, 23721504; Website : www.bisnetworld.net/icanet
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