SYNOPSIS
Mr. Gourab Banerji SA will trace the history of the enforcement of foreign awards in India, starting with the Indian Foreign Awards Recognition and Enforcement Act, 1961 and the case law interpreting those provisions. He will then intend to move on to the Indian Arbitration and Conciliation Act, 1996, and in particular Part II thereof, which effectively reflects the New York Convention 1958, to which India is a party. There have been a number of interesting judgments under the 1996 Act, both of the Supreme Court and of the various High Courts. Finally, he will end the discussion of some very recent judgments of the Supreme Court and the Delhi High Court which reflect a pro-enforcement approach, and conclude with some practical tips for enforcing and resisting enforcement in India.
Lijing will provide a short compare and contrast between the positions in India and Singapore.
ABOUT THE SPEAKERS
Gourab Banerji, SA
Gourab has developed his practice mainly before the Supreme Court of India as a Senior Counsel with an emphasis on commercial matters, and particularly commercial arbitration.
He appears as counsel in a large number of domestic and international commercial arbitrations in India and overseas and routinely appears before the Indian courts on behalf of clients seeking enforcement of foreign awards. He is regularly briefed by Indian Public Sector Undertakings as also leading private companies.
Currently a private legal practitioner, Gourab has also been a government legal officer, both at the Federal and Provincial levels. While Additional Solicitor General for the Union of India, Gourab represented the Government of India in a number of sensitive cases. A recentnoteworthy case is the landmark case of Republic of Italy v Union of India [2013] 4 S.C.C. 721before the Supreme Court of India. The Supreme Court held that India had concurrent jurisdiction to prosecute the Italian marines accused of shooting Indian fishermen within the Exclusive Economic Zone of India.
He has also advised the Government in the case of Kulvir Singh Barapind v The Government of the Republic of India, et al, a case before the U.S. courts under which the Government was sued under the Alien Torts Claim and summons were served on the Government, various governmental entities and officials (including the Prime Minister and various Cabinet Ministers); and succeeded in receiving an order from the court in the U.S. granting motion to dismiss the case against the Republic of India. Further, on numerous occasions he has advised the Ministry of External Affairs on various matters concerning International Law.
While as a government legal officer and in private practice, Gourab has also successfully represented his clients before the Supreme Court in several civil and commercial casesincluding New India Assurance Company Ltd v Genus Power Infrastructure Ltd [2015] 2S.C.C. 424, MECL v AK Diskhit [2015] 2 S.C.C. 535, BHEL v Tata Projects Ltd [2014] 10SCALE 23, UPSC v Arun Kumar Sharma [2013] 14 SCALE 31, Three Cheers Entertainmentv Calcutta Electricity Supply Co [2008] 16 S.C.C. 592 and Vijay Industries v NATLTechnologies, [2009] 3 S.C.C. 527.
Tham Lijing
Lijing has a broad commercial practice with particular interests in unjust enrichment claims, civil fraud, shareholder disputes. He is accustomed to working closely with other lawyers, and has been instructed in both advisory work and ongoing litigation / arbitration. He is increasingly receiving instructions in “bet-the-company” disputes, acting both as an advocate and advisor.
Instructing solicitors have commented on Lijing’s ability “to make the most complicated legal and factual issues appear simple, and then deliver his advice in a crisp, clear, and precise manner.”
Lijing is a member of the Supreme Court Rules of Court Working Party and the SMU School of Law Advisory Board.
FEES
a. Seminar fee
Seminar fee of S$150* (inclusive of GST) applies.
b. Group discount fee
Group discount fee of S$135* (inclusive of GST) applies if there are at least 10 participants from the same organisation.
c. SMU Alumni fee (for LLB / JD / LLM graduates)
Seminar fee of S$135* (inclusive of GST) applies for SMU LLB / JD / LLM Alumni.
*Please note that there will be no refund of any fees should the participant cancel the registration/ fail to attend the seminar. However, registration is transferable. Notice of any change in participant should be sent to the Academy via email: smulawacademy@smu.edu.sg, by 25 October 2019.
SMU School of Law reserves the right to cancel or postpone any event. In such case, we will arrange for the refund of seminar fees paid.
|
