Report: INBA 9TH ANNUAL VIRTUAL INTERNATIONAL CONFERENCE ON LAW AND POLICY, Nov 26 & 27, 2020

INBA 9TH ANNUAL VIRTUAL INTERNATIONAL CONFERENCE ON LAW AND POLICY

Day 1- 26 November 2020

 

INBA organized the 9th Virtual International Conference on Law and Policy on the 71st Constitution Day. The summit was an annual virtual event designed to provide answers to the big challenges of the legal industry. It provided a meeting place for forward looking professionals to get valuable insights,  network and be inspired by the best practices. The unique advantage of the conference was the virtual networking and business development opportunities that they provided for both individuals and firms through AIRMEET platform. INBA is the first organisation to use the platform in India. It was the golden opportunity for all the participants to make new contacts from across the globe, as well as to maintain existing relationships and catch up with old friends. INBA provided the participants with video networking experience that was as close to networking in-person as possible, but from the comfort of their chair, and enabled them to make invaluable contacts and develop their new business.

INAUGURAL SESSION

SUBHASH C KASHYAP, PRESIDENT, INDIAN NATIONAL BAR ASSOCIATION, FORMER SECRETARY GENERAL, LOK SABHA

The session began with the Welcome address by the Hon’ble Dr. Subhash Kashyap, he started with the introduction about INBA and the grand celebration of Constitution Day every year with an International Conference on rising legal issues. Our constitution has proved to be the greatest national integrational force which is accepted by everyone.

The Video Link of the address can be accessed here.

 SMT. LEELABEN ANKOLIYA, CHAIRPERSON, GUJRAT STATE COMMISSION

The INBA’s Virtual International Conference on Law and Policy 2020 took place on 26th November 2020 and began with the address of Guest of Honour, Hon’ble  Smt. Leelaben Ankoliya, Chairperson, Gujrat State Commission. Smt. Leelaben talked in an elaborate manner about the underprivileged and Dalit community.  She addressed the contribution of Shri B.R. Ambedkar towards the Dalit and underprivileged community. She has been running the Gujrat Mahela Udyog which works for the cause of providing justice to women and empowering them. Gujrat Mahela Udyog focuses on the women empowerment and gender equality. Smt. Leelaben also elucidated upon the Naari Adalats (Women Courts) being organised in Gujrat for providing justice in case of crimes committed against women. She also discussed about how Gujrat Mahela Udyog focuses on providing solutions to the problems of women and redresses their grievances. Naari Adalats are a success in Gujrat and Smt. Leelaben Ankoliya dicussed the prospects of spreading such grievance redressal mechanism across the country.

The Video Link of the address is accessible here.

 SASIKALA PUSHPA RAMASWAMY, MEMBER OF PARLIAMENT, RAJYA SABHA

The Hon’ble Pushpa Ramaswamy, addressed about the Covid-19 situation around the country and how the government has managed the global pandemic. She congratulated INBA for conducting the International Conference amid the crisis.

The Video Link of the address is accessible here. 

DAY-1 –26th November, 2020

 

SESSION-1

 TOPIC- OTT, WEBSITE AND THEATRES- SELF REGULATION OR CENSORSHIP- IS IT TIME TO CULTURALLY CONTROL FLOW?

MODERATOR

Mr. Suman K Doval, Head Suman Doval and Associates

SPEAKERS

Mr. Zameer Nathani, Senior VP/General Counsel at UFO Moviez India Limited

Mr. Sachin Kalra, Deputy General Counsel, HT Media

Ms. Aishwarya Bhati, Additional Solicitor General of India

Ms. Kanan Rele, General Counsel, Carnival Cinemas

The first session commenced at 11:00 a.m. and addressed the pertinent issue of OTT, Website and Theatres- Self Regulation or Censorship- Is it time to culturally control flow?  

The Panel comprised of Mr. Suman K Doval, Mr. Zameer Nathani, Mr. Sachin Kalra, Ms. Aishwarya Bhati and Ms. Kanan Rele.

Mr. Suman K Doval, who is the head of Suman Doval and Associates, began with the discussion and moderated the panel. He stated that due to the pandemic, there has been a 75% growth in the OTT platforms. He underlined the issue and importance of self-regulation of OTT platforms, He believed that the content available online should be decent for the consumption of the society. He elucidated upon the significance of censorship of the content available online to ensure that the content is not indecent for the society. As per him, the content providers have come out with self-regulatory norms which will be helpful in regulating the content available online.

Mr. Zameer Nathani, who is serving as Senior VP/General Counsel of UFO Moviez India Limited, had drafted a self-regulation policy in 2012 and 2013. The reason behind drafting of such policy was the fact that there was a constant deliberation on the issue that whether the OTT platforms should be censored or not.  Mr Nathani emphasized upon the growth of the OTT platforms during the pandemic. He underlined the subjective element innately present in the concept of obscenity. He believes that obscenity can be viewed differently by different people. Due to the presence of such subjective element, the courts have enlarged the ambit of the concept of obscenity. On the other hand, he believes that the exercise of creative freedom is equally important.

Mr. Sachin Kalra, who is the Deputy General Counsel, HT Media, stated that this surge in OTT platforms will form the largest era in the upcoming years. According to him, the people today are busy in consuming the content availale online. OTT platforms have a wider reach and are expected to reach millions of people. He stated that the Indian government will come out with its regulations in order to address the issues pertaining to what needs to be given to the society and what kind of content should be promoted.

Ms. Aishwarya Bhati, who is serving as the Additional Solicitor General of India, stated that permitting the statutory regulation mechanism is extremely crucial. She believes that some sort of statutory mechanism for regulating the content available online is very important. She said that the OTT platforms have emerged amidst cracks. She believed that the Indian government should regulate the OTT platforms and it is their obligation to do it.

Ms. Kanan Rele, who is working as the Group Head Legal, Realty, Production Head, F&B, Cinema Exhibition, IT and Commodities, said that self-regulatory bodies should be formed by the OTT representatives. According to her, self-regulation produces faster results. She believes that there has been a shift in the perspective with respect to obscenity. According to her, what was viewed as obscene earlier is not viewed as obscene anymore. Also, according to her, sometimes it is tedious for law to match the technological advancement at the same pace. She suggested that we should have a progressive way of working.

After the panelists had addressed the issue, there was an exchange of views between them. Ms. Bhati believed that the Indian government will provide for self-regulation norms with respect to OTT platforms. Whereas Mr. Nathani stated that India has the maximum freedom today and the courts today take a broad view.

To conclude the discussion, Mr. Nathani that the creative thought process should not be restricted but it is equally important that there should self-regulation of the content available online.

The Video Link of the session is accessible here.

SESSION-2

TOPIC – HOW TO NURTURE AND STRENGTHEN CLIENT RELATIONSHIPS AND SWITCH THEM TO REFERENCE AND RESULTS IN A CRISIS

MODERATOR

MR.KAVIRAJ SINGH

Founder and secretary-general of INBA ( Indian National Bar Association)

SPEAKER 

MR ITZIK AMIEL

Founder & CEO, THE SWITCH, Attorney-at-law, International Speaker

Itzik Amiel is the founder and CEO of THE SWITCH The Power Networking Academy™ and EyeRon™ Group. He is an International Professional speaker and considered one of the leading authorities on Networking and Relations Capital globally. He is also the author of the bestselling Networking book: “The Attention Switch”.

With an audacious goal to bring the power of connections and building relationships by GIVING AUTHENTIC ATTENTION to millions of people worldwide, he founded the power networking academy. His keynote topics include Business Networking, Power of Connections, Attentional Networking, Attentional Leadership, Communication for Excellence, Personal Branding, and Personal Development. He has extensive experience which he has gained as an international tax and M&A lawyer and through senior executive international business development roles in the trust and financial world. He has also been featured on some of the very famous platforms like The Marketing Tribune, Connect India Magazine, Radio Channels in South Africa, Europe, and the Caribbean, CFO magazine, CRM international publications, IBA Bulletin, and in dozens of other professional publications.

HIGHLIGHTS OF THE SESSION

  1. What is the relationship somebody building challenge in your practice right now?

The first challenge in your practice

  • When you don’t have enough time to get everything done, you aren’t sure what to focus on and you did not know what to follow up with people and don’t follow up with people cl not-relational, etc. while BD slowed building client relationship is not. In essence to admit that ‘Buil it before You need it’.
  1. Goals :
  • Many things and ways we can do for strengthening client relationships and internet communication even when there is not a lot of work.
  • Clients relationship is the one that leads to bd and more business.
  1. Do you have clients? Either yes or no then what does ROR stands for? ROR means the return on relationship.
  2. He quoted that ” Return on relationships is the value accrued by a brand due to nurturing relationship. It’s the value a brand gains over time through loyalty, sharing, and recommendation.
  3. What shall you focus on how to deepen your relationships with your clients?
  1. i) Mind shift
  1. From “selling and next project ” mindsets to more building relationships mindsets.
  2. From “expert to hire ” mindset to client advisor mindset
  3. Being in the business of tax benefits and cost-saving instead of being expert in tax planning for new projects”.
  4. From “normal project ” need to “new/short term” need
  1. Another most important point is to make it simple when you build a relationship. He quotes “simplicity is a king”.
  2. ” Crossroad” means be seen by your clients as one in the crossroad in the marketplace. The more you’re in the flow, the more you know, the more you help them, then they want to talk to you. Because you are greater than the authority to your clients.
  3. When the clients are busy how you let them know you are there when you need them?
  • Client’s will make time for people who have solutions and ideas for their needs.
  • Clients – likes all of us – have needs and concerns
  1. Concern list
  • Make a list of things they are dealing now with, e.g, how to deal with their clients?
  1. Solution lists
  • Select some concerns and make a list of ideas you may have or share the issues you read about it.
  1. Connection moments
  • Once a week write a short note to 10-15 clients and say, ” I know you are busy but here are 3-4 ideas that I’m seeing in the market. I hope these are helpful and I will be happy to discuss any of these further with you “.

Conclusion :

Lastly, he quoted ” you can make more friends in two months by becoming interested in other people than you can in two years by trying to get other people interested in you.

SESSION-3

TOPIC- EFFECTS OF THE PANDEMIC ON CONTRACTUAL OBLIGATIONS; THE GROWING USE OF TECHNOLOGY IN THE LEGAL INDUSTRY

MODERATOR

Mr. Luv Tanwani, Legal Leader & Managing Counsel, Power Systems Cummins India Ltd

SPEAKERS

Dr. B Ramaswamy, Legal Advisor, Members of Parliament, Central Govt

Ms. Babita Ambekar, Partner, CMS, LLP, Singapore

Mr. Manish Lamba, General Counsel, DLF Cyber City Developers Ltd.

Mr. Luv Tanwani starts by introducing himself –  Mr. Tanwani is the DGM (Legal) and Head of Litigation at Cummins India Limited. He has 12+ years of experience in championing corporate law, litigation and compliance for Fortune 100/500 companies. He also serves as an honorary Executive Committee Member at Indo American Chambers of Commerce and also a Panel Advisory Member at Confederation of Indian Industry (CII) at Pune.

Mr. Luv Tanwani then introduces Mr. Manish Lamba – Mr. Lamba serves as General Counsel at DLF Cyber City Developers Ltd. He has also served as vice president for Bharti Realty’s legal division. Moreover, he has experience of being the vice president of legal division of Bharti Airtel limited and was also the legal counsel for Hindustan coca-cola beverages Pvt ltd in the year 2005 and 2006 and has also been associated with Mr. Harish Salve, Senior Advocate.

Mr Luv Tanwani hands over the stage to Mr. Manish Lamba while asking a question “What are the contractual obligation in this pandemic during this lockdown ?” –  Mr. Manish Lamba answered by explaining the shutting down of showrooms and etc during this lockdown which ultimately led to delays and frustration of contracts. That this lockdown has created a legal difficulty, and also about force majeure and its importance, and that it happens in rarest of rare cases. That this lockdown has also caused effect on lesser and lessee relations. He explained that in contracts, if there is no clause regarding force majeure, there can’t be any relief. He then explained COVID & Pandemics and what changes has been brought in his life. He mentioned Pandemics is all about give and take.

Mr. Manish Lamba while answering a question “Can doctrine of frustration applied if there is no force majeure clause ?” – Mr. Manish Lamba answered in negative while explaining that only equity or reprieve can be granted, but nothing more than that. He explained if we try to cover everything in contracts, it will be much longer and then it will result in no business. He mentioned “Law works on straight jacket formula but not life”.

Mr. Luv Tanwani then introduces Ms. Babita Ambekar –  Ms. Babita Ambekar is a corporate lawyer with Core expertise in cross border M&A, new market entry, joint ventures and restructurings as well as select regional employment, financial services regulatory and data protection engagements. She is the Head of the CMS India Desk in Singapore and has been Ranked in the A-List 2020 as one of the top 100 India-focused legal practitioners globally. She has been Described as having “Impressive handling skills. Excellent negotiator too, and in spotting legal issues.”  in the 2019 Asia Law Client Feedback Survey.

Mr Luv Tanwani hands over the stage to Ms. Babita Ambekar while asking a question “Is there any rise in litigation over force majeure during this lockdown?” – Ms. Babita Ambekar answered in the positive, while explaining different phases of this pandemics and how this affected business and their contracts which ultimately led to and increase in litigation during this pandemics. She also explained that how real practice is development of legal field in technology.

Mr. Luv Tanwani then introduces Dr B. Ramaswamy – He is the President (INDIA)of the National education Foundation. He is also the Adjunct Professor of State university of New York USA. Dr. Ramaswamy has also served as the R VICE CHANCELLOR of PRIST UNIVERSITY TANJORE – TAMILNADU (INDIA). He is Representing as a Neutral Accredited Member at the National and International level as Mediator, Arbitrator, Negotiator & Ombudsman.. He was the Pro-Vice Chancellor, Oriental university, Indore, & APG Shimla university Shimla. He has also been a member of  ADVISORY COMMITTEE – For the National Commission for Protection of Child Rights (NCPCR) Govt of India and is currently a member of- Divisional Railway Users’ Consultative Committee (DRUCC) on Railways of Chennai Division. Govt of India.

Mr Luv Tanwani hands over the stage to Dr B. Ramaswamy while asking a question “How Force Majueure is effective in this bureaucratic state?” – Mr. (Dr) B. Ramaswamy answered while explaining How digital India has played a vital role. After, he also gave practical examples. He mentioned “Client want the results”. He also explained that how technology and transformation always go hand in hand.

The Video Link of the session is accessible here.

SESSION-4

TOPIC – DATA PROTECTION AND PRIVACY CHALLENGES POST COULD IN VIRTUAL WORLD

MODERATOR

Mr. Ajay Upadhyay, Partner KPMG

SPEAKER

Mr. Sachin Kalra, Deputy General Counsel HT Media Limited

Mr. Ajay Upadhyay is a Chartered Accountant with over 17 years of professional experience in the domain of Forensic Investigations, Financial Crime Investigations, Anti-trust Investigation, Regulatory Investigations, Dispute Services, Risk Advisory Services, and Internal Audits across sectors.

He has also led several Arbitration and Litigation matters providing expert witness services, forensic examinations of claims, oral testimonies, and claim quantifications.

Every person is busy with data and internet which is very essential and it is enhancing day by day. The information of a person may be personal or nonpersonal like adhar and many other important documents, which are shared over the internet during the pandemic situation, so coming to how to prevent those data and privacy of that concerned person.

Why data protection and privacy is more important? Because of the nature of data we are carrying with us. IT act ( Information technology act )  which says about data privacy and protection with certain provisions.  Lots of things have been changed now data.

Cybercrime, cyber laws have been set up to protect against all sorts of problems arising from data privacy.

Handling data is very critical, for example, a phone delivery app that has resgnation of a person along with a phone number nd everything n that, sometimes millions of accounts of information have been stolen from that particular app. Similarly, recently the bill basket groceries app also Lost significant amounts and primary information. Actually what happens is this causes anxiety and drains companies. That’s why it is very important to protect data

What rules typical we need while protecting data, there are five or six basic rules Storage of data which has to been done in a secured environment must be aware of physical as well as logical access of internet

Access of data who has access to what kind of data is important. It is not necessary that every individual must know every information. Defining what kind of access to whom is significant

Storage and dissemination

All these have affected by covid, it has forced all the individuals to work from home, every individual can get whatever data he or she needs. Covid has created a lot of challenges in managing such information. Passwords, two authentic factor systems, otp which has been provided to safeguard from the third party logging in other than concerned party. Securities are most required.

Sitting at home a person wouldn’t have aware of mails which are coming up and many more things.

Organizations should, if not already, be well versed in data privacy and protection laws that apply to them under federal, state, and international data protection laws

Financial fraud is one of the huge crisis which is rising from cyber nowadays, stealing data from large companies.

Some employees have transferred some official information through their personal Gmail account, using that the companies have gone to the high court and obtained the order from the court.

Privacy aspect, nowadays people use cell phones which has private as well as common information which becomes difficult where to draw the line that if you are looking at what is personal and common. An employee working with a cellphone must be conscious of his personal as well as corporate information. So that you don’t breach the law

Mr. Sachin Kalra obtained his Master’s degree from Bharati Vidyapeeth, Pune, and holds a specialization in Corporate Law and Intellectual Property Rights. He joined as a faculty of law with the same University. Subsequently, he decided to pursue a career in the Litigation & Corporate world and joined the legal team at Vodafone and thereafter Samsung India, Bharti Retail, and Bharti AXA. Professor has a rich experience of sixteen years not only in the Legal field but also in the Compliance field and has a wide experience of handling a diverse range of legal matters in different portfolios like  Telecom, FMCG, Retail, Electronics, Consumer Durables, Insurance, and Media and so on.

During the lockdown, lots of companies has taken steps towards preventing the data and privacy basically how to prevent data because data is been from remote locations. India laws are sufficient to prevent those data and privacy. The Information Technology Act 2000 (IT Act) read with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011 (Sensitive Personal Data Rules) are the principal legislation governing the collection and processing of personal information and sensitive personal data or information (Sensitive Personal Data) on a sector-neutral basis.

Information technology act says about handling data to ensure that any personal or sensitive information is not transferred to a third party. Phones are a complicated issue that made it easy to steal information. For example, if you need information from us apps like Instagram or Facebook you have to target in person to the company after getting an order from an Indian court, which takes 5months to 6 months. If someone is saying fake photos or anything online the time it takes to read IP readers is 6months. By that time that individual would have left the IP address. That is why data localization which is one of the controversial elements of our proposed of Indian law. Cybercrime and the dark internet are different. Dark internet is untraceable. Anyone can create this from anywhere.

 

Conclusion :

Present, it is a critical period for organizations to actively consider restoring their existing practices and page in a new dawn in which their business can develop, once the Covid-19 pandemic is behind us.

The Video Link of the session is accessible here.

SESSION- 5

TOPIC- COPYRIGHT ISSUES ON ONLINE PLATFORM” AND COVER “PERFORMERS RIGHTS” AND “INTERMEDIARY LIABILITIES”

This session began at 7:00 p.m.  and addressed the pertinent issue “Copyright issues on online platform” and cover “performers rights” and “intermediary liabilities”.

MODERATOR

Mr. Santanu Mukherjee, Founder and Head of Exlege Chambers

SPEAKERS

Mr. Sanjay Tandon, Managing Director of Indian Singers Rights Association (ISRA)

Ms. Kritika Seth, Founding Partner of Victoriam Legalis

Mr. Santanu Mukherjee, who is serving as the founder and head of Exlege Chambers, moderated the panel. He elucidated upon the requirements to be followed when the content is published online. He elucidated upon the importance of Section 51 of the Copyright Act. The Section 51 of the Act talks about the circumstances in which the copyright in work is deemed to be infringed.  He stated that Section 51 of the Act aids in deciding which works are protected and which are not protected. 

Mr. Sanjay Tandon, who is working as the Managing Director of Indian Singers Rights Association (ISRA) defined the ambit of the term “performers” as the term includes singers, dancers, and musicians. These people have been affected by the surge in the amount of content available online.  According to him, the artists should stand up for getting the royalties. He emphasized on the fact that if the content of the artists is being used online by the users or intermediaries, they need to respect the artists by paying the royalties to them.

Ms. Kritika Seth, founding partner of Victoriam Legalis, stated that the copyright law is pretty clear as regards what constitutes the intermediaries and what their function and role consists of. She believes that the awareness is slowly increasing as regards the same and it is developing in a good shape. She emphasized on the fact that it is important that we should view the copyright law and the information technology together. Viewing them together will lead towards deeper and clearer understanding.

After the panellists had addressed the issue, they answered questions and elaborated upon certain concepts which demanded more understanding. Mr. Sanjay Tandon addressed the question pertaining to mechanical royalties and he specified that the Indian Performing Right Society Limited (IPRS) administers and distributes the mechanical royalties.  Mr. Tandon also emphasized that it is important that the copyright owner should safeguard his/her copyright.

In round of questions, Ms. Kritika Seth stated the fact that the creator is entitled to royalties. As regards the commissioned works or works for hire, she expressed her view that such works should be expressly mentioned and should not be assumed.

Mr. Sanjay Tandon expanded the ambit of the term “performers”. He believes that the copyright law is not made to restrict the creator and it has been established to protect the creator. He said that the copyright law explores the partnership between the creative and business community.  According to him, the absence of a separate and distinct society for copyright in sound recordings is causing serious problems and this issue needs the requisite attention.

Concluding the session, Mr. Santanu Mukherjee stated that in a situation where the law is abused and treated poorly, applying provisions to prevent the abuse is extremely necessary.

The Video Link of the session is accessible here.

SESSION-6

TOPIC- REPORT ON ONLINE ARBITRATION AND MEDIATION AND ITS CHALLENGES

MODERATOR

Mr. Rajat Malhotra, Partner and Arbitration Counsel, Laware Associates

SPEAKERS

Mr. Axel Heck, Alexander and Partners, Germany

Ms. Rekha Rangachari, Executive Director, New York International Arbitration Centre

Dr. Kabir Duggal, Senior International Arbitration Advisor, Attorney, Arnold and Porter

One such enriching session was on the topic ‘Online Arbitration and Mediation and its Challenges’ where the legal stalwarts discussed the changing nature of arbitration and the working of court in general due to the ensuing pandemic and even delved into the pros and cons associated with it.

The session started with Mr. Rajat Malhotra welcoming the guests and addressing the august audience. In the course of his talk he very eloquently stated, “As we’ve suffered during this pandemic, we’ve learnt something”. He went on to say that indeed the world has changed and different contours of different things have been established. He humorously stated, “The world truly has flattened, as far as lawyers are concerned.”

Ms. Rekha Rangachari had a similar point of view and she was intrigued by the way everyone has shaped themselves especially the court system and similar institutions. She defined the year 2020 by the word ‘resilience’ and went on to appreciate the lawyers for quickly adapting to the virtual change. She was even impressed by the fact that even during such tough times, the due process has not become alien to the people at large and exclaimed that the changes seen herein, are here to stay.

Dr. Kabir Duggal while appreciating the uniqueness of such a means of connecting by just sitting at home in your comfort zones, stated that it is an even more efficient way. He, however, added a caveat that it was too early to assess whether the new virtual system is good or bad, but for the time being it is the most efficient.

The speakers appreciated the institutions who have been resilient in these times and are still trying their best to do justice to all. The International Criminal Court, as mentioned by Mr. Rajat, has very beautifully structured new and separate rules to provide justice. Ms. Rekha mentioned the practices of the New York International Arbitration Centre that were worthy of praise. Compliance is something that has remained pivotal. She argued a more economical new system, wherein the counsel could appear physically while the witness could appear virtually and a 360-degree check of his room could be done to ensure that he is not tampered with or influenced in any way. She further stated that a larger spotlight should be put on the virtual model of dispensing justice as a similar force majure may occur in near future again and it is better to be prepared for it. She stressed upon the flexibility of the rules formed by the institutions and is excited to see what more to do the institutions have to offer. Instead of cribbing upon the newly formed dimensions, she says, we must act in an efficient manner, and quotes that, “We have a role to play, instead of adding voice to the noise”.

Dr. Duggal, upon being asked about the infrastructural problem stated, that it did exist. Be it internet issues or be it issues relating to using more than one computers at the time of your hearing which can be costly. However, he very optimistically stated that however costly the situation may be, it is still less costly than traveling!

Issues pertaining to cyber hacking and the compromise of privacy of parties were also addressed in the conference. Mr. Rajat was of the view that the issue of data protection was there to stay and it is perhaps difficult to get rid of it, however, it is up to us to stay informed and be careful. Applications like Cisco Webex and Meets, however, have derived SOPs for proper functioning and protection of user’s privacy. MS. Rekha also reflected on cybersecurity by institutions conducting online arbitration.

In the course of the discussions, an important issue was raised by Dr. Duggal which was found to be intriguing by many. He posed a situation wherein he stated that since most of the counsels were working from home it is rather impossible for the family members not to be indulged in the course of the counsel’s work. If that is the situation, are the family members also bound by the legal obligation and confidentiality clause between attorney and client? It was thus an important question that awaits any legal interpretation.

Dr. Duggal and Ms. Rekha even indulged in conversation relating to arbitration in these times. Ms. Rekha was of the view that implementing online dispute resolution brought with itself various challenges like a dearth of resources, background disturbances, and connectivity issues. Dr. Duggal was impressed by the fact that online arbitration has given birth to a paperless method of arbitration which is a positive development. Furthermore, the issues of venue and seat have also become pretty much convenient.

Finally, Mr. Axel Heck also joined the discussion and it was indeed a pleasure for everyone to have heard the legal luminary himself.

The Video Link is accessible here.

 

DAY-2 , 27th November, 2020

 

SESSION-7

TOPIC- INDIAN COS & CROSS BORDER DISPUTES: MARKET TRENDS, COVID FINANCING OPTIONS & QUANTUM CONSIDERATIONS

MODERATOR

­­­­­ Mr. Montek Mayal – Senior Managing Director, FTI Consulting

SPEAKERS

Mr. Dheeraj Nair – Partner and Head of Disputes, J. Sagar Associates

Ms. Sindhu Sivakumar – Senior Investment Manager, Innsworth Advisors Limited

Mr. Kumar Ankit – Legal Head, Secretarial & Corporate Affairs, Vedanta

Mr. Vivek Kapoor – Counsel & Advocate, 39 Essex Chambers

Mr. Montek was the moderator of the panel, he started the panel discussion by asking Mr. Dheeraj about what type of legal disputes he is facing in the industry during the Covid Pandemic.  Further, he asked Mr. Dheeraj about his views on whether the courts interfere in arbitral awards of international matters. Mr. Montek asked Mr. Ankit about his views on disputes regarding domestic and international investments. Mr. Montek, while responding to a question asked by Ms. Sindhu on Qunatum Considerations, said that in India the use of experts have been traditionally quiest less in regards to future forecast of businesses and loss or profits claims under terminated contracts and exit disputes but it there has been an increase in the use of experts in the last 5 years. He further added that it has been a really difficult task for the experts in business forecasting due to Covid-19.

While responding to the questions asked by the moderator, Mr. Dheeraj said that post-covid era will have mre shareholder disputes. On the topic of investment in India, he said that the investors are interested in doing forensic investigation on Indian companies before investment. He further said that disputes are happening across all jurisdictions and across sectors. He said that the main reasons for arising of disputes are incorrect evaluations of the companies and expectations from the company as well as during exit from foreign investors. He concluded with saying that Indian Courts do not interfere in International Awards generallly.

Ms. Sindhu said that during the Covid era she has witnessed the disputes like business interruptions, banking disputes, Intellectual Property disputes and shareholder disputes. He added that we see majority disputes arising due to claims from the sectors especially, Pharmaceutical Sector because of its major growth in India. He further added that the foreign investors before investing into Indian companies consider the legal merits, financial merits and the potential of the company to give them returns on their investments. She concluded stating that Quantum experts have very important role to play in the post-covid era.

Mr. Kumar pointed out that to avoid disputes across sectors, the government needs to enable policies with consultations with the market players. He added that In India, the laws have to evolve from public sector governing to private sector governing. He further said that judicial roadblocks on development of sectors can only be removed when the public sector, private sector and the judiciary can sit together because most litigations arise due different interpretation of statutes. He concluded with stating that the most difficult task in India is Capital funding because of the poor infrastructure development in the country.

Mr. Kapoor while responding to the questions of the moderator state that he has a lot of banking and finance disputes as well as environment change and policy disputes. While discussing the Brexit, he said that the relationship between India and United Kingdom will get stronger after Brexit. He added that both Indian and well as UK’s investments will go up and it will be really important for the investors to acknowledge the cultural aspects while investing in India.

The Video Link of the session is accessible here.

 SESSION-8

TOPIC- HOW INTERNATIONAL BUSINESS IS SHAPING UP DURING PANDEMICS

MODERATOR

Dr. James J. Nedumpara, Professor and  Head CTIL

SPEAKERS

Dr. Arthur Appleton, Partner, Appleton Luff, International Lawyers, Geneva

Dr. Suresh Nanwani, Professor, Durham University

Dr. Abhijit Das, Professor at Centre for WTO Studies, IIFT

INBA conducted several enriching sessions one of which was on the topic “How International Business is shaping up during pandemic”. The session had some of the renound speakers from across the globe who shared their valuable thoughts on the topic.

Dr. James J. Nedumpara is a professor and head of the Centre for Trade and Investment Law (CTIL), a think tank and advisory centre established by the Government of India at the Indian Institute of Foreign Trade (IIFT). He has worked with leading law firms, corporate firms and also UNCTAD’s India program before joining academia. He was also part of the Indian delegation that appeared in the recent proceedings on India – Agricultural Products (Avian Influenza dispute) before the WTO Appellate Body.

Dr. Arthur Appleton is a founding partner of Appleton Luff – International Lawyers, a boutique international law firm with offices worldwide. He has worked throughout Europe, the Middle East, Africa, Asia, and Latin America, and has served as a Consultant for many organizations including the World Bank, IFC, WTO, ADB, IDB, UNCTAD, UNITAR, ITC, USCLDP, ILI, and the EU. He is on the List of Experts (Chairpersons) for Trade and Sustainable Development Disputes arising from five EU FTAs. In addition, he has served as sole arbitrator, party appointed arbitrator and counsel in ICC, AAA and ad hoc arbitrations.

Dr. Suresh Nanwani is a recognised Advocate and Solicitor of the Singapore Supreme Court Suresh has an exceptionally distinguished track record in international governance organisations, especially in the area of financial compliance. Mr. Nanwani is an accredited mediator at the Centre for Dispute Resolution, adding to a range of high-profile international accreditations and affiliations, including visiting positions at the Australian National University, University of New South Wales and Birkbeck College, University of London. He is also a member of the Global Policy Practitioner Board and on the Advisory Board or its equivalent at One World Trust, International Community Law Review, and the Central European Journal of International Security Studies. He is an Executive Council Member of the Society of International Economic Law.

Dr. Abhijit Das is a head and professor at the Centre for WTO Studies instituted by the Government of India at the Indian Institute of Foreign Trade (IIFT). He combines extensive experience of international trade negotiations with formulating, implementing and managing trade-related capacity building projects. Prior to joining the Centre for WTO Studies, he worked in UNCTAD India Programme during 2005-10 with progressively increasing responsibilities. UNCTAD India Programme was a joint trade capacity building initiative of Department of Commerce (Government of India), UNCTAD and DFID. He participated directly in several multilateral and bilateral trade negotiations, including in the Anti-Dumping and Subsidy negotiations under the Doha Round at the WTO and OECD Steel Subsidies negotiations. He also contributed to, and coordinated, India’s submissions in various landmark WTO disputes.

The session started with a brief description of the current situation of business in the wake of the pandemic by Dr. James. He stated that the governments all over the world are undergoing a recession phase. What can be done to regain the economy, what can be the permissible level of intervention, and some interesting issues when a government decides to give certain kind of bounty or even a certain kind of stimulus to help the economy bounce back which can potentially violate the rules of international trade. Another major issue concerns the vaccine for coronavirus. Whether there will be patent rights on the vaccine and how will the small economy make the vaccine available will be major concern. So at this stage what can the international institutions like the World Bank and the International Monetary Fund or the Asian Development Bank can do. These were some of the important issues which were highlighted in the session and were raised by Dr. James.

This was followed by the first speaker Dr. Abhijit Das taking the stage who dealt with the issue what kind of changes are required in the International trading system in order to meet the challenges posed due to pandemic? He majorly emphasised on 3 points namely:

  1. Waiver from TRIPS obligations- it is a given fact that even if we have a half a dozen vaccine in the market, by the end of next year if the co-vax mechanism or voluntary licensing mechanism works at full throttle not more than 25-30% of the world population will be able to receive the vaccine. It is important that the vaccine should be made accessible to the world sooner or rather than later. With this objective in mind India and South Africa have made a proposal which is being co-sponsored by many other developing countries. The proposal seeks to achieve that for the duration of the pandemic certain obligation of the TRIPS agreement should be kept in abeyance. Under this the factories can issue compulsory licencing even without the TRIPS waiver for domestic production but for the countries which lack manufacturing capacity, there is a provision to allow compulsory licencing but it is very time consuming and complex. This would pose a threat to distribute the vaccine all across the globe. This is also attached to other issues like trade secrets, patent issues etc.
  2. Policy articulations- the trend of self-sufficiency and local production in the arena of food and healthcare has been increased. There would be gradual increase in the local production as well.
  3. What can countries do? The area of digital economy has thrived in this pandemic. Very few countries have thought of imposing taxes on digital products can play a great role if a country is facing problems with the availability of resources.

Dr. Appleton was then invited to share his thoughts on the changes to be instituted in the trading system to overcome the issues faced due the pandemic. According to him there are various shortcomings with the trading system but we cannot put all the blame on the intellectual property regime. Subsidies regime can help deal with not only the problems posed by the pandemic but will also be very useful to deal with environmental problems. India being major manufacturer of the vaccine people can be sceptical if the proposal will come from India. But the accessibility of the vaccine is very difficult throughout the country and apart from that it will be tough for the pharmaceutical companies to look for an affordable pricing of the vaccine.

Another shortcoming would be the monopoly approach adopted by many countries and if there is a manufacturing shortcomings the remedies to the pandemic will not be available around the world. We can surely target pandemic by the subsidies regime.

Dr. Suresh was invited next and he was asked to enlighten the audience on a very important question dealing with the meaning of the word development and what changes has it undergone? The word development has gained particular importance in recent times. Development can be seen in all the sections like social development seen in social and healthcare sector, law and policy sector, etc. In pandemic we have seen the assistance and major development in the health sector in terms of health care instruments like PPE kits. It has changed from regular operations to mount an exceptional prices response. For example, a 20 billion covid-19 response package was announced in April 2020. Then there is new mortality introduced in ADP called COVID-19 PANDEMIC RESPONSE OPTION (CPRO). There are different institutions coming up with mortalities, operations etc. India has got a covid-19 active response and support called CASS and also has got an emergency assistance programme in combating the pandemic. India also invested in digital divine in the field of education along with other areas. Collaboration can act as remedy for providing the very needed resources.

Dr. Abhijit Das answered the next question on what are the possible opportunities which the pandemic provides and how can one extract from it? According to him countries instead of making the systematic changes, are using the crisis as an opportunity of extracting market access concessions. Mr. Das denied the claims of subsidies being used in the wake of pandemic and helping pharma companies in the production and by also putting pressure on them. According to him the pharma companies are the ones which put pressure on the developing countries and make huge profits out of it.

Dr. Appleton was further added that in the pharmaceutical sector we have seen dual pricing where they charge different prices from developing countries and developed countries. The question arises when the situation comes to the vaccine for covid-19 whether the government give leverage to the companies to decide the pricing for the same.

Dr. Suresh further cleared the covid-19 response approach. According to him we need to undertake a resilient approach and help the human resource during these tough times. So if a there is an organisation like World Bank, they issued directives for work from home and getting the work done in a much easier manner. Apart from that the employees and all the people should be given a wellness session and give them an opportunity to help themselves. Various programmes have been instituted to help the human resources to emerge from the shatters of the pandemic.

The session ended with a positive note that there is a great opportunity for the countries to take the advantage from the pandemic itself but at the same time, hope is all that is needed. Losers or winners, every country is fighting to regain its economy from the shackles of the coronavirus.

The Video Link of the session is accessible here.

SESSION- 9

TOPIC- NEW WORLD ORDER POST COVID-19

MODERATOR

Mr. Pankaj Mohindroo, Chairman, ICEA

SPEAKERS

Mr. Virendra Sharma, Member Parliament for Ealing Southall

Mr. Per Oberg, Director, Swedish National Chamber of Commerce

The Session on the topic ‘New World Order Post COVID-19’ started with Mr. Pankaj addressing the august audience and talking about the complete lockdown that the world saw due to the pandemic. Everything ranging from the aviation sector to industries was shut down, however essential services were allowed to operate. Electronic production, he humorously exclaimed, which has been the most important in this new virtual world was also shut. As time passed by, the government started the process of unlocking as factories, of course, could not work virtually. Mr. Pankaj also discussed the production link incentive (PLI) Scheme of the union cabinet and stressed upon its importance in helping industries at different levels and in making a paradigm shift from domestic to global. Mr. Pankaj now believes that normalization has started to occur and the year that will end in March would see a ‘V shape’ graph as the scenario has become even better than the pre-COVID times.

Mr. Oberg, a professional from Sweden, talked about the European countries in the post-COVID world and how the countries are supposed to react once the vaccine is made. He started by saying, what the world has been saying, everything is not the same. People across the globe have had different reactions to the pandemic, while some focussed on planning others were panicking. The system, according to him, is not ready to deal with such ordeals and the fact that his country has a large amount of older population makes the situation worse. The prime question that arose in the European countries is that to what extent should they depend on exports from Asia keeping in mind the havoc the pandemic has caused. It is a question that has remain unanswered. Mr. Oberg also discussed about the house prices, which according to sources, were going to collapse due to the pandemic, but interestingly they remained steady and in fact, rose. The main reason was that work from home culture was promoted and kids were studying from home. Income barely took a setback and the demands for a home rose which was contrary to what people thought. Also, the fact that Swedish people used to travel a lot and now they cant do the same has also added to the list of reasons. Apart from this, he discussed how companies have been forced to shut down and how China has been behaving aggressively and buying companies in Europe to assert dominance. India, on the other hand, he said, is not planning adequately in this respect. Sweden, he said, does not have good relations with China and thus the scope of India has improved to enter into the mainstream market and have good relations with Sweden. The world, undeniably, can not live without China or India, and when the resentment against the Chinese is growing amongst various countries, India should swoop in and take advantage of the situation, but Mr. Oberg believes that India was not ready to do the same. Upon being asked the areas where India is lacking or perhaps the chief disability of India in welcoming foreign investment capital, Mr. Oberg gave few reasons of prime concerns. Education and health being the prime focus of his discussion, he further believed that India should be more active outside its own country. India lacks the knowledge and skill to get new investors and he sincerely believes that India should make good use of its resources. India, should be patient and focus on novelty. One thing, Mr. Oberg noticed, that existed in China and not India was that China took foreign students, taught them Chinese, gave them a degree in Chinese, and employed them in the country. This, dominance over soft power has been always been pivotal and India should also focus on employing European people.

Mr. Oberg then emphasized upon the need for Indian industries to be innovative. While on the micro-level, he believes people are innovative but at a more macro level it is even more important. He even said that the Indian manufactures should adopt European methods and techniques and prepare European designs in order to attract a European market base.

Economy post COVID, he believed, will be shaky. With Britain leaving the European Union and the stand of Scotland remaining unclear, the situation would be adversely affected. He talked about the bad shape of the economy of Italy and Spain and how it would be extremely tough for them to recover from this mess. The Eastern-Europe has not been sticking to democratic means which adds up to the mess. The media is being controlled by the government and in total economically and politically situations in Europe are bad. He further said that while the cooperation of India and Sweden has been good at the governmental level, the relations could also be created at the company level which is actually good for the country at large. According to him, the prospects of a Free Trade Agreement between India and the European Union would benefit both the economies. He stated that it must however be combined by a plethora of other factors including the willingness of India to attract the European market and the style of production remaining European. Mr. Oberg reflected upon the innovative side of the Scandinavian countries and how the cooperation between them and India could be beneficial for everyone. The main reason behind this innovative side, according to him, is the freedom given to the people to make decisions. Thus, it is important to focus on more cooperation and many companies who have been sluggish must quit being the same. He concluded his speech by saying, “I believe in India, let us cooperate”.

Mr. Sharma, who joined the conference for a brief period of time, stated that Britain has been struggling with respect to the economy, and have been criticized for their lethargic behavior. Tourism has become non-existent and the country has not been achieving the goals it is supposed to achieve. The economy of Britain is suffering a debt of 1.78 trillion Pounds and the people have been struggling.

Mr. Sharma believed that Britain akin to other countries has been growing resentment against China and its relation with India has been improving. He sees the relation between India and the UK as a long-standing one. The cultural aspect being the prime reason along with economic, social, and political aspects. The rise of the Indian diaspora in the UK remains another factor. To add weight to the argument, he gave an example of himself who was born and brought up in India and is today a member of the parliament of Britain. Thus, he has been optimistic about the relation between India and the UK and he exclaims that once they are out of the EU, their prime focus would be on India.

The session ended with a vote of thanks.

The Video Link is accessible here.

INBA sincerely thanks all its supporters for sponsoring and supporting towards the success of 9th Annual Virtual International Conference, 2020.

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