Conference programme

A utopian world might have uniform laws and enforcement. Borders create conflict of laws and enforcement problems even for well-recognised rights ranging from the right to life, liberty and freedom of expression, to more complex rights under the right to freedom of trade such as intellectual property rights, equal treatment in public procurement and the right to have free and fair competition. 

The Indian legal system has three well-defined roles. Adjudication of civil disputes, criminal jurisdiction and a special writ jurisdiction exercised by the Indian courts under the Constitution of India. Hamstrung by the world’s largest and possibly the most litigious population, historical pendency of cases creates a mountain of arrears. Civil and criminal cases wind onwards through the court process taking years, but India still offers predictability, certainty and quick interim relief to compensate for the ‘pendency’. 

The session will examine India’s legal system critically and comparatively to suggest possible solutions that may be reported and acted upon. Speakers from other jurisdictions will offer perspectives on justice delivery and their perceptions of the Indian legal system from abroad. The panellists will broadly identify commonalities in justice delivery mechanisms to progress towards uniformity in cross-border enforcement of law.

With arbitration rules containing built-in prohibitions against arbitrators acting ex aqueo et bono or as amiable compositeurs, are parties unable to exercise the choice mandated by sub-section 28(2) of the Arbitration & Conciliation Act 1996 and is it bad policy for adjudicators to know which party has obstinately refused to take the middle path. 

Arbitrators have a first perspective on the maintainability and viability of a dispute. Whilst lacking the inherent power of a civil court or power to do complete justice or to award relief going beyond damages for breach of contract, an arbitrator is still best placed to understand the nuances of each dispute. Is there a clear conflict arising from an arbitrator’s legal duty as an adjudicator or can they guide the parties to effective dispute resolution by applying principles of equity and fairness? Can these issues be overcome with better training, guidelines and institutional participation to propel parties towards a settlement? Should arbitrators and judges be empowered to propel parties towards a middle-path settlement or are winner-takes-all adjudications preferred?

Eminent speakers from England and India will consider the forthcoming proposed changes in India’s arbitration law in the context of recent amendments to the UK Arbitration Act 2025.

Freedom of speech as it is guaranteed by Article 19(1)(a) of the Constitution of India on the one hand gives protection to children, vulnerable adults and upholds the intrinsic right to privacy.

On the other hand, much of our information and misinformation is put up on social media, online platforms, bulk messaging services, etc. The session will explore the importance of these sources of information; the need to protect these sources; the right to freedom of trade and profession; which of these rights is to be protected more; and where the balance lies.

Criminal offences are increasingly being included in financial regulatory statutes and dozens of new legislations. These include initiatives covering privacy, data protection, competition law, intellectual property, food safety, foreign exchange regulation, tax, securities, insolvency and almost everything else from airports to zoos.

The incursion of criminal law into regulatory regimes underscores the state’s inability to achieve compliance with the rule of law without stiff penalties. This panel will discuss the above issues from an international perspective, exploring inter alia the crossborder application of law, fugitives and multi-jurisdictional enforcement problems not only to trace the offender but also to discourage the commission of an offence by non-resident and untethered entities.