ns under Sec on

11(5) or Sec on
11(6) of
the Arbitra on
andConcilia on
Act, 1996
(Arbitra on Act)
before the High
Court or
Supreme Court
(for
Interna onalCom
mercial
Arbitra on). The
scope of
judicial discre on
in deciding these
applica ons
is limited.Noneth
eless, such
applica ons tend
to be delayed for
years thereby
frustra ng the
very objec ve of
analterna ve
dispute resolu on
(ADR). Owing to
me constraints,
for the present,
we propose
building aproduct
to solve the
pendency of
applica ons for
appointment of
an arbitrator
under Sec on
11(5) orSec on
11(6) of the
Arbitra on Act.
2. Describe
the product you
are building in
700 words or
less 1.
Wepropose to
build a product
which acts as a
rst level
lter for the
judicial o cer /
judge deciding
theapplica on for
appointment of
an arbitrator.
We propose to
do this by
classifying
(Supervised
Learning)certain
types of cases
based on the
issue pending
before the
judge. 2. The
Supreme Court in
catena ofits
judgments [See
for instance,
Duro Felguera
SA v.
Gangavaram Port
Ltd, reported in
(2017) 9
SCC 729],has
clari ed that in
deciding an
applica on for
appointment of
an arbitrator,
the High Court /
SupremeCourt
must con ne
itself to the
examina on of
the existence of
an arbitra on
agreement
barring a
fewexcep ons.
Given this limited
scope of
examina on, we
propose to build
an AI product
which
clustersthe
pending
applica ons
based on
whether the
arbitra on
agreement is in
existence for
the purposes
of Sec on 11
(6A) of the
Arbitra on Act.
This assists the
judge in
expedi ously
deciding ma ers
which haveno
grey area in the
extant
legal jurispruden
ce. For this
purpose, we plan
to build input
parameters
basedon sample
arbitra on
clauses. To
illustrate: S No.
INPUT OUTPUT
REASON 1. No
arbitra on
agreement
incontract
annexed to
applica on
Appointment
of arbitrator not
possible No
arbitra on
clause inexistenc
e 2. Arbitra on
agreement in
contract not
signed
Appointment of
arbitrator not
possible
Invalidconsent
for Arbitra on.
3. Any dispute,
controversy, or
claim rela ng to
this agreement,
either Partymay,
but is not
required to
submit the
Dispute to
binding
arbitra on in
accordance with
the
Arbitra onand
Concilia on Act,
1996. The Par es
Submit to the
exclusive
jurisdic on of
the Courts in
Mumbai,India
Appointment of
arbitrator not
possible
Clause does not
create any
binding and
mandatoryarbitr
a on agreement
between the
par es, which is
against the
mandate
of Sec on 7 of
the
Arbitra onAct.
4. Disputes in
rela on to
termina on of
the agreement
shall be submi ed
to binding
arbitra on
inaccordance
with the
Arbitra on and
Concilia on Act,
1996. The Par es
Submit to
the exclusive juri
sdic on of the
Courts in
Mumbai, India.
Arbitral
appointment
possible for
disputes in
rela on
totermina on of
the agreement.
Clause is
restricted in its
scope 5. Any
dispute,
controversy, or
claimrela ng to
this Agreement,
shall be submi ed
to binding
arbitra on in
accordance with
the
Arbitra onand
Concilia on Act,
1996. The Par es
Submit to the
exclusive
jurisdic on of
the Courts in
Mumbai,India
Appointment of
arbitrator
possible Appears
to be a valid
arbitra on
agreement 6. All
disputes
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arising out of or
in connec on with
the present
contract shall
be nally se led
under the Rules
ofArbitra on of
the Interna onal
Chamber of
Commerce by one
or more
arbitrators
appointed
inaccordance
with the said
Rules.
Appointment of
arbitrator
possible Appears
to be a valid
arbitra onagree
ment Table 1 –
Examples of
Input-Output
Parameters to
determine
existence of
arbitra onagree
ment 3. We note
that
the Supreme
Court of India
(See: Vidya
Drolia v. Durga
Trading
Corpora on(2021
) 2 SCC 1; BSNL
v Nortel (2021) 5
SCC 738), has
more recently
held that the
Court must
alsoundertake a
primary rst
review to weed
out “manifestly
ex facie non-
existent and
invalid
arbitra onagree
ments, or non-
arbitrable
disputes”. We
posit that the AI
tool can also
assist the
judge inconduc n
g this ‘primary
rst review’. This
would be based
on a summary of
the pleadings
with respectto
pending
applica ons under
Sec on 11 of the
Arbitra on Act
along with their
reply/defences.
Toillustrate S
NO KEY WORDS
OUTPUT
REASON 1.
Applica on -
Agreement for
Rent, Lease, sub-
lease,leave and
license, etc.
Appointment of
arbitrator not
possible Subject
ma er of
agreement
notarbitrable 2.
Reply to
applica on – Claim
me barred due
to agreement or
Limita on Act,
1963 To
beadjudicated on
its own merits
Issue of me
barred claim/
limita on
involved. Table 2
– Examples
ofInput-Output
Parameters to
weed out non-
arbitrable
disputes 3. You
may use a
owchart or
diagram
toexplain this
product Flow
chart: Process to
determine
existence of
arbitra on
agreement and
process
toclassify
disputes that
require further
judicial
determina on 4.
Name the AI
Blocks you are
using for
thisproduct:
IndicNLP 5.
Name the
training data
sets required for
your product We
won’t be using
any of
theprovided
datasets from
the resource kit.
We would be
working with the
following:- a.
Sample
arbitra onclause
s b. Key words
for clustering
applica ons that
require judicial
determina on c.
Sec on
11Applica ons as
led in court d.
Reply/Defence
to Sec on 11
Applica ons e.
Judgments
passed in
Sec on11
Applica ons 6.
Who is the
target audience
(market) for
your product The
product
is primarily for
the judiciary at
various levels to
speed-up and
assist in its
decision making.
The product can
also be
apredic on tool
for li gants for
es ma ng the
chances of
acceptance
of their speci ed
cases, based
onthe
incorporated
data sets and
integrated open-
source AI blocks
so that
ci zens/li gants
can
take aninformed
decision. The
illustra ve
product for
Arbitra on Law,
is targeted to
assist High Court
/Supreme Court
judges along with
li gants involved
in commercial
disputes. The
product aims
togenerate
automated
reports as to the
probable fate
of the Sec on 11
applica ons,
before they
aretaken up for
hearing. The
product assumes
greater
signi cance,
par cularly in the
backdrop of
therecent order
dated 19 May
2022 by the
Supreme Court,
in the case of
M/s Shree
Vishnu
Construc ons
v.The Engineer in
Chief, Military
Engineering
Service & Ors.
(Unreported)
wherein, the
Supreme
Courtinter alia
directed Chief
Jus ces of High
Courts to:
“ensure that all
pending
applica ons under
Sec ons11(5) and
11(6) of the
Arbitra on Act
and/or any other
applica ons
either for
subs tu on of
arbitratorand/or
change of
arbitrator, which
are pending for
more than
one year from
the date of ling,
must bedecided
within six months
from today. The
Registrar
General(s) of the
respec ve High
Courts
aredirected to
submit the
compliance
report on
comple on of six
months from
today. All
endeavour
shallbe made by
the respec ve
High Courts to
decide and
dispose of the
applica ons under
Sec ons 11(5)and
11(6) of the
Arbitra on Act
and/or any other
like applica on at
the earliest and
preferably within
aperiod of six
months from the
date of ling of
the applica ons.”
7. Upload a 2
minute voice
recordingexplaini
ng your product
and its bene ts
8. What are the
challenges your
team expects to
face during
theMake-a-thon?
- Sec on 11
Applica ons not
publicly
accessible: We
can test the
e cacy of the
AI modelbased
on an actual
review of
arbitra on
agreements as
annexed to
Sec on 11
Applica ons as
ledbefore the
High Court /
Supreme
Court. These
applica ons are
however not
accessible to the
public. Tillsuch
me we gain
access to such
applica ons, we
propose using
the AI Model to
review executed
contracts that
may / may not
contain
arbitra on
agreements. -
Dataset required
for building the
projectis not
readily available.
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