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Bulletin Oct 21
Bulletin Oct 21
Bulletin Oct 21
TECHNICAL ARBITRATOR
Head Quarters, Chennai. October 2019 - September 2021
Estd:2003 News Bulletin of the Indian Institution of Technical Arbitrators (IITArb)
President 14th Annual General Body Meeting, Old and New General Council Meetings
Er.Agrawal K N
Immediate Past President were held at Savera Hotel, Chennai on 02 November 2019
Er.P R Seshadri
Past President
Er.O P Goel
Sr.Vice President (HQ)
Er.P Sivapprakasam
Sr.Vice President (South)
Er.N Hariharan
Sr.Vice President (North)
Er.Rakesh Misra
Sr.Vice President (East)
Er.P N Guha
Sr.Vice President (West)
Er.Pahal Anandkumar The last Governing Council (GC) Meeting was chaired by the Past President Er. P.R. Seshadri, who
Secretary General thanked the Council members for the support extended for running of the Institution. He brought out
Er.S Sivaraman
that two International Conferences were organised at Chennai during the months of September 2016 &
Jt. Secretary General
Dr.Col.P Nallathambi October 2018, stating further that there was good response from the delegates from many countries in
Treasurer addition to India and there were very useful interactions during the conference, when the delegates
Er.R Ganesh Rao were exposed to International Arbitration from the experience of eminent speakers presenting the
Governing Council Members papers.
Er.Krishna Kant
The 14th Annual General Body Meeting followed after this programme. Annual report and
Er.O P Gupta
Er.Om Prakash Gaddyan
accounts were presented and passed by the General Body. Er.P.R. Seshadri thanked the members of
Er.Vijay Gupta IITArb for their participation in all the activities of the Institution and for their Co-operation. Then came
Er.Chandra Mohan the change of Guard for the New President Er. K.N.Agrawal to takeover IITArb for the term 2019-2021.
Er.V S Rao He congratulated the outgoing president Er. P.R. Seshadri for having done wonderful job by conducting
Er.Nageswara Rao Velivela many activities and increasing the membership of the Institution. The Past President Er. O.P.Goel
Er.Badduru Brahma Reddy
graced the occasion.
Er.Pradip Kumar Das
Er.B Mukherjee This was followed by the New GC Meeting chaired by the President Er. K.N. Agrawal. He welcomed
Er.Dilip Kumar Dhar the new Council members and impressed upon the need for preparing the IITArb to be ready to meet
Er.Sujit Kumar Banerji the challenges thrown up by the 2019 amendments to the Arbitration and Conciliation Act 1996, which
Er.Dhirajkumar Shankar required an Action Plan to be drawn up and sought suggestions in this regard. The President insisted
Padirkar
Er.Sunil Kumar Rama Darade that we should have our own premises for recognition of our Institution by Government. Towards this
Er.Commodore Satish onerous task, he appealed to members to contribute liberally so that we would have our own office
Chandra Mittal premises. Nominations were also made against unfilled vacancies. Then there was a group photo of
Er.R Kannan
Presidents and Council members. Everything came to an end after sumptuous dinner. Many members
Co-opted Members
Er.K D Arcot about 60 in number attended the AGM from far and near. There was a good fellowship among members
Er.S Ravishakar and the arrangement was excellent.
Er.Bhagavatula Satya
Srinivas
Er.H R Girish
Er.Anil Kumar Verma
Ex-Officio Members
Er.S Nagabhushana Rao
Er.G C Kabi
Er.H R Girish*
Er.Vinod T Harisingani
Er.Anirban Roy
Er.T J Cherian
Er.V Ravindranathan Nair
Er.S Sivaraman*
Bulletin Editor
Er.P Sivapprakasam *
Legal Consultant
Adv.V Inbavijayan
Names repeated
FROM PRESIDENT DESK
Er.K.N.Agrawal
It gives me great pleasure that this News Bulletin is finally being published, even if belatedly,
the first since I took over. The greater part of the period of this bulletin has seen the multiple waves of
Covid-19 Pandemic, which has severely affected almost all the countries of the World, bringing in its
wake Lockdowns and many restrictions in the day-to-day life, some of which are continuing in some
parts of the country.
Despite such difficulties most State Centres like Delhi, Tamil Nadu, Kerala, Karnataka and
Andhra Pradesh have strived to carry on with their activities as much as was possible. We have
learnt and are learning to conduct our activities through Video Conferencing, which shows the great spirit of our Centres
/members in overcoming difficulties in the face of adversity.
Acquiring own premises for the HQ of the Institution and its inauguration on 16th July 2021 was a momentous
occasion. We have also published on our website the IITArb Arbitration Centre Arbitration Rules (for Arbitration other
than International Commercial Arbitration in two parts, namely, Part-1: Institutional Arbitration Rules and Part-2:
Arbitration Centre Management Rules.) in December 2020. The revision of the bye-laws has also been completed and
duly adopted in the EGM and the amended version will be published in due course.
Now as the Covid-19 situation is improving and the country is practically fully opened up, we will need to move
with vigor, while still observing for some more time the Covid appropriate behaviour. It is important that the State Centres
maintain close liaison with the HQ in carrying out various activities. The IITArb with its HQ at Chennai and various State
Centres and a Local Centre is one whole, though with sufficient autonomy to the Centres. The State Centres may strive
to develop its own infrastructure for effectively carrying out its activities in furtherance of the common objectives of
IITArb. Our Institution can take pride in the fact that its core strength of domain knowledge experts is ever increasing and
our esteemed members are getting trained in the various aspects of Arbitration. The benevolence of Shri O.P. Goel,
Promoter Member and Past President and the presence of Shri P.R.Seshadri, immediate Past President, at the HQ is
very reassuring and bodes well for the Institution. It is my proud privilege to wish every member well and a professionally
fulfilling experience. Together we can!
OBITUARY
Since the previous news bulletin, several esteemed members of the Institution passed away leaving a
void in the lives of their families as well as the IITArb. The Institution condoles the demise of all such members
listed hereunder-
Er. C Madakannu (F- 0111), Former CE/PWD and Former Special Secretary to Govt. of TN expired on 02.08.2019.
Er. S.C. Basu Roy (F-183) New Delhi who passed away on 16.07.2020.
Er.V K Parthasarathy (F-0046), MD Wave currents Precision Ltd passed away on 14.11.2020.
Er.Tustibrata Chatterjee (F-507), Chairman of West Bengal State Center passed away on 03.12.2020. He was prime
mover for the growth of WBSC.
Er. K.M. Dhakshina Moorthy (F-0529) passed away on 13.05.2021. He participated many of our lecture meetings
and training programmes. His father Er. K.E. Mohan was Sr. Vice President (HQ) of IITArb in the year 2009.
Er. T.R. Deenadayalan (F-0039) was one of the earliest members of our Institution who passed away on 15.05.2021.
He retired as a Chief Engineer of Chennai Port Trust.
Er.K.Ramalingam (F-0319) passed away on 08.09.2021. He was a Senior Arbitrator in Chennai and Retired Chief
Engineer, PWD, Tamil Nadu.
Er.G.Prabhakar (F-0328) passed away on 10.09.2021. He was a Former President of IEI, Kolkata.
Er. Sivaraman S (F-0130) passed away on 29.09.2021. He was a Former Engineer in Chief, PWD, TN. Former
Secretary General of IITArb, for the term 2019-2021 and was the Current Chairman of TNSC. He was very active
member in conducting Empanelment Training Programs and was very helpful in acquiring the new office property of
HQ IITArb. 2
IITArb (HQ) NEW OFFICE
IITArb (HQ) Office, Unit:C, 6th Floor, Shakti Tower:I
766, Anna salai (Mount Road) Thousand Lights, Chennai-600002
(Next to Victoria Technical Institute and Opposite to Thousand Lights CMRL. Rly.Stn.)
BUILDING COMMITTEE
Er.K.N.Agrawal Er.P.R.Seshadri Er.P.Sivapprakasam
President Imm.Past President Sr.Vice President (HQ)
Er.S.Sivaraman Dr.Col.P.Nallathambi Er.R.Ganesh Rao
Secretary General Jt.Secretary General Treasurer
LOCATION MAP
PARK
THOUSAND
LIGHTS
CMRL STN
GEMINI
COMPLEX
J
TA
38th Governing Council Meeting was held on 18th July,2020, Saturday at 4:00 pm through video conferencing (VC): In the backdrop of
Covid-19 pandemic, this GC meeting was held virtually for the first time in the history of the Institution, when as many as 30 GC members were
present out of 41, which never happened before. President noted that to meet the requirements of the Arbitration Council created by
the2019amendments, we need to do a lot for the organization; activities need to be performed online by organizing Webinar Lecture meetings by
experts, Committee Meetings and AGM. Also, fund mobilization for better infrastructure is to be taken up with vigor and the Centres need to mobilise
funds and be equipped with infrastructure for holding online activities. Institutional Membership base also needs to be enlarged for improving the
Contd. in next page...
3
...Contd. from previous page
standard of our Institution. The draft rules submitted by Krishna Kant Contracts and Jurisdiction of Arbitrators' IITArb & KFCRI,
Sub-committee as had been circulated to Council Members and the Webinar Series on Arbitration by Shri Ganesh Kabi Chairman
state/local Centres, came up for discussions, whereafter it was decided Delhi State Centre.
that the Sub-committee will take into account the observations made this e) On 02 July, 2020 at 4.30 PM, 'Law of Damages'- IITArb &KFCRI
day and also the rules so finalised would be examined from the legal Webinar Series on Arbitration by Shri P.J. Rishikesh, Advocate,
standpoint, before being put up to the governing Council for being High court of Madras.
adopted.The proposed revised byelaws by Shri. P.R.Seshadri sub- f) On 15 July, 2020 at 4.30 PM, 'Hardship as a Defence against
committee, as were circulated to all the members were discussed and Specific Performance- The Case of COVID 19' - IITArb & KFCRI
based on the comments made Shri. O.P. Goel, past President, the Webinar Series by Shri Badrinath Srinivasan, Senior Executive
President and other members, it was decided that the bye-laws would be (Law) in BHEL, Ranipet.
g) On 18th, 19th & 20th November, 2020, 'A Three Day Master Class
finalised and placed in EGM for approval.It was noted that the Madurai
On 'Construction Arbitration & Delay Analysis in COVID-19
Local Centre has been inactive for long as had been discussed in earlier
Scenario' - IITArb & KFCRI Webinar Series on Arbitration.
meetings also. The G C decided to wound up Madurai Local Centre and
members merged with TNSC as per general consensus. Training Program for empanelment with KFCRI as Training
Partner.
39th GC Meeting Held Virtually on17.10.2021. Four such programmes were conducted. The first three,
President urged all the State Centres and the council
namely, from 17th October, 2019 - 19th October, 2019; 8th November,
members to carry out a fund mobilisation drive and also contribute
2019- 10th November 2019; 28th February to 1st March, 2020 were
individually according to their capacity and to continually work to enlarge
held physically. The fourth on 28th and 29th of November 2020 was
the base of institutional membership. Training programs for arbitrators
held virtually.
should continue to be organised online in view of the pandemic.
The final draft submitted by Shri Krishna Kant Committee as 40th Governing Council (GC) Direct Meeting held on Friday, 16.07.
was circulated to all Council Members for being adopted after suitably 2021.
incorporating a provision, that "The Registrar General would be the Having an office space of our own would be crucial in
single point for receiving requests for Institutional Arbitration, who after
obtaining accreditation from the Arbitration Council under the 2019
examining the Arbitration Clause and considering the location of the Amendment of Arbitration and ConciliationAct 1996. Another important
work in question, would place the matter before the Empowered milestone in this regard is the Publication of the IITArb Arbitration Centre
Committee, which shall appoint the Arbitrator(s) in consultation with the Arbitration Rules in December 2020 on our web site.
State Centre Concerned; where after the State Centre shall be There are now nearly 1350 individual members in various
responsible for administering the Arbitration in the matter referred." After
categories and 127empanelled Arbitrators. The base of institutional
discussion the GC approved the agenda item. membership however remains static, which needs attention from the HQ
Shri OP Goel committee had submitted the recommendations as well as the State Centres. A significant setback has been caused by
about HQ of Kerala State Centre. The GC unanimously approved the pandemic.
naming of Thiruvananthapuram Local Centre as Kerala State Centre at Nomination of Chief Election officer for the Office Bearers
Thiruvananthapuram and the Kochin Centre to become Kochin Local and Council Members of HQ for the Session 2021-23.Council
Centre with its jurisdiction to cover membership drawn from Kochin appointed Chief Election officer and other Election Officers for the
Metropolitan Limits. The GC also accepted the Committee's election process for the Office Bearers/Council Members of HQ for the
recommendation that the resources accumulated so far by the centres term of 2021-23: Er. P.R. Seshadri, Chief Election Officer; Er. S.
may remain with them. Sivaraman, Election Officer; and Dr. P. Nallathambi. Election Officer.
The draft Byelaws which were circulated to all the Council As per Byelaw 14.2 & 14.4, the election of the President is on
Members earlier and placed before the Council of IITArb were accepted rotational basis from among the four regions in the order, namely, North,
and are to be placed during EGM for approval. West, East, South. The GC shall nominate the turn of the region for the
post of President for the term 2021-23.Shri Seshadri suggested that the
15th AGM Meeting Held Virtuallyon 19.12.2020. same practice be continued and accordingly proposed that the North
It was noted that a building property for the premises of Head
Region should get the second turn for having a President. The proposal
Quarters has been identified, the Rules of Institutional Arbitration have
was unanimously accepted and approved by the Council.
been published on the Institution's website on 15.12.2020 and revision
of Bye Law has been finalized to be placed in the EGM to be held Byelaw Revision and Approved during EGM held on 16.07.2021.
physically at HQ in due course. The Byelaw has been revised after deliberations by the
The provisional audited accounts of HQ for the year 2019-20 were Byelaw committee headed by Er. P R Seshadri and the same was
presented by Secretary General It was proposed by Er. O P.Gdhayan (F passed during the EGM held on 16.07.2021. The membership fees and
0392) and seconded by Er. Dr. P.Nallathambi ( F 0544) and then it was membership criteria have been revised as follow:Institutional Member -
passed. Rs.25,000 +GST as applicable. There would be no admission fee.
The Secretary General presented the annual report of IITArb, Fellow Member - Rs.8,000/-+Admission FeeRs.500 + GST as
for the year 2019-20, which was however for activities up to the date of applicable. Member - Rs.6,000 +Admission Fee Rs.500+ GST as
AGM, 19.12.2020 and not for Period 01.04.2019 to 31.03.2020. The applicable. Associate Member - Rs.3,000 + Admission Fee Rs.500 +
annual report for the relevant period was circulated separately later. GST as applicable. This has been incorporated in the new application
Some members expressed of not having received the AGM
form which has been uploaded in our website. The revised Bye-Laws will
Notice. The Secretary General brought out that he has been circulating
be published in due course.
the color-coded data base of all the Members and updating it as per
information received. Members were requested to furnish correct mail ID Inauguration of New Office at Shakti Towers, Anna Salai, Chennai
to the Head Quarters through the respective State Centre to ensure that on 16.07.2021.
no member gets missed. The president had arrived from New Delhi and inaugurated
the office on 16.07.2021. Followed by 40th EC by combination of direct
Webinar and Training Conducted through VCby HQ and virtual mode and EGM on direct mode was conducted. Lunch was
a) On June 9, 2020 at 5.00 PM, Dealing with meetings in virtual
served at the venue. With the great effort of Er. PR Seshadri, Past
Space by KFCRI Team.
President and Er Sivaraman, Secretary General had made it as reality.
b) On Jun 10, 2020 at 4.30 PM , 'COVID 19 and Lockdown - Force
Office is established at very good location and comfortable office has
majeure and frustration issues pertaining to c o n s t r u c t i o n
been created for our members to utilise for meetings and Arbitration. It is
contracts' - IITArb &KFCRI Webinar Series by Advocate Anirudh
great milestone event of the IITArb. We would like to congratulate all
Krishnan.
those who sponsored and taken part for successfully making the IITArb
c) On 17 June, 2020 at 4.30 PM, 'Contract Enforceability Issues' -
office functional.
IITArb & KFCRI, Webinar Series by Professor Dr Ranjit Ommen
Abraham.
d) On 27 June, 2020 at 4.30 PM, 'Excepted Matters in Construction
4
Head Quarters Election for Office bearers and council members was conducted in August & September.
There being no contest, the results were notified on 11-09-2021 as given below:
Election Results for the term 2021-23
S. No. Position Name of the candidates with membership numbers
1. President Er. K.N.Agrawal, F - 0199, Delhi.
2. Sr. Vice President (HQ) Er. M. Nandakumar, F- 0320 ,Chennai.
3. Sr. Vice President (South) –
AP &Telengana by rotation Er. S. Nagabhushana Rao, F-165, Hyderabad.
4. Sr. Vice President (North) Er. Rakesh Misra, F - 0413, Delhi.
5. Sr. Vice President (East) Er. Dilip Kumar Dhar, F- 0259, Kolkatta.
6. Sr. Vice President (West) Er. Raghuram Shetty, F- 0496 , Mumbai.
7. Secretary General (from Chennai). Er. S. Ravishankar, F -0607, Chennai.
8. Joint Secretary General(from Chennai) Er. M. Krishnamurthy, F- 0633, Chennai.
9. Treasurer (from Chennai) Er. S. Arivuselvan, F- 0480, Chennai.
10. Council Members (North) Er. Krishna Kant , F - 0380, Delhi.
Er. S.P. Singh, F - 0493, Delhi.
Dr. Shyam Bihari Saraswat, F - 0903, Delhi.
Er. Vijay Gupta, F- 0514, Delhi.
11. Council Members (South) Er. N. Hariharan, F- 0103, Trivandrum.
Er. S. Mehta Janak, F- 0226,Chennai.
Er. V.S. Rao, F- 0457, Visakapatnam.
Er. David Macwan, F-0384,Visakapatnam.
12. Council Members (East) Er. Sujit Kumar Banerji, F-0338, Kolkatta.
Er. Saroj Kumar Chatterjee, F- 0842, Kolkatta.
Er. Chandru Vaswani, F- 0246, Kolkatta.
Er. Dhruba Prasad Ghosal, F-0549, Kolkatta.
13. Council Members (West) Er. Sunil Kumar Rama Darade, F- 0764, Mumbai.
Er. Srinivas Mantry (F – 0495), Mumbai.
Ar. Purushottam P.Doijode, F-0471,
Gandhinagar, Gujarat.
All these members will assume their appointment during 16th Annual General Body Meeting. However,
As directed by the President, Er. S Ravishankar had assumed the appointment of Secretary General on
24.09.2021 due to administrative reasons.
Er. H R Girish has been elected as Dr.Sridhar Mothe has elected as
Chairman of Karnataka State Centre for Chairman of Andhra Pradesh &
the term 2020-22. The President and Telengana State Centre for the term
IITArb Members wish him all success in 2021-23. The President and IITArb
his term. Members wish him all success in his
term.