India Supplement to the Corporate Counsel Manual for Cross-Border Dispute Resolution

The CPR Arbitration Committee presents the India Supplement to the CPR Corporate Counsel Manual for Cross-Border Dispute Resolution. The Manual, published in 2017, is a comprehensive guide to planning for and managing the full spectrum of cross-border Alternative Dispute Resolution (“ADR”) processes.  The India Supplement is the first of a series of planned CPR guides to the ADR regimes of major developing countries.  It is intended to be read with the Manual and provides corporate counsel involved in India-related transactions and disputes with a primer on the country’s ADR laws and practices. In addition to providing an overview of India’s mediation and arbitration laws, the India Supplement examines certain procedural matters that may arise before, during or after an arbitration, including arbitrability, interim relief (before courts and tribunals), and enforcement of awards in India. The Supplement also provides strategic tips for planning for and managing India-seated arbitrations and covers practical topics that may be of interest to corporate counsel tasked with managing India-related arbitrations, such as arbitrating against the government of India (both state governments and the Union of India), third-party funding of disputes, and provides an overview of arbitration and mediation institutions based in India. Finally, the Supplement gives an overview of India’s investment treaty regime and of its experience with investment-treaty arbitration.

The reviews are in:

“CPR’s India Supplement tracks the development of alternative dispute resolution in India and deconstructs recent changes to the country’s law governing arbitration, which has been subject of much debate amongst the legal fraternity. I am glad that the authors have kept in mind, needs of in-house practitioners and devoted an entire chapter to help navigate the complex world of mediation and arbitration. The practical suggestions on drafting effective arbitration agreements and conducting successful mediations and arbitrations will be of great use to all in-house counsel.”

Naveen Raju
General Counsel and Executive Vice President, Mahindra & Mahindra

“A frank analysis on the current Arbitration & Mediation ecosystem existing in India with a fair understanding of what to expect in the near future in contrast with the past. An easy understanding is made possible through the guide without pontification.”

Nandita Khurana
Head of Legal for Africa, India, Middle East, Michelin Group

“I am very impressed with the content of this supplement and I would like to thank you for all the hard work to create this very comprehensive India Supplement to the CPR Corporate Counsel Manual for Cross-Border Dispute Resolution.”

Maurice J.H. Kuitems
Vice President & Managing General Counsel, FLUOR Corporation

“I have read with great interest some of the key chapters in the India Supplement to the CPR Corporate Counsel Manual for cross border dispute resolution. Until recently, arbitration was not very popular with Indian in-house counsel for a variety of reasons. The Indian judiciary’s reluctance to accept arbitration as an alternative dispute redressal method. This gave rise to conflicting judgments which was finally addressed by the Supreme Court in 2009 which, in turn, gave rise to the new Amendment Acts in 2015 and 2019, respectively. From the in-house perspective, I can say that tips for in-house counsel in drafting the arbitration agreement, selection of an arbitrator, interim relief, and management of ADR process in this chapter are very informative and useful.”

Abhijit Mukhopadhyay
President (Legal) & General Counsel (Europe), Hinduja Group

“A new perspective of international arbitration and dispute resolution in India. The authors have done an excellent job in highlighting the past challenges and recent reforms. The India Supplement to the CPR Corporate Counsel Manual is an excellent handbook. A much-needed guide for in-house counsel managing international transactions and disputes.”

Ralf Lindbäck
Managing Counsel, Wärtsilä Corporation