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India signs UNISA; experts call for local laws supporting treaty

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Press Trust of India Singapore
Last Updated : Aug 07 2019 | 5:55 PM IST

India on Wednesday signed a key UN convention on international settlement agreements, even as experts called for local laws to support the treaty's implementation in business contracts.

The United Nations Convention on International Settlement Agreements (UNISA) was signed by India's High Commissioner to Singapore Jawed Ashraf, representing the Government of India. Forty-six countries signed the treaty named Singapore Convention on Mediation.

Singapore Minister of Home Affairs and Law K Shanmugam appreciated the strong support shown by the 70 countries represented at the signing ceremony.

He highlighted the participation by the world's three largest economies the USA, China and India.

"The singing of the convention is particularly important for the growth of mediation in India," said Chennai-based senior advocate and mediator Sriram Panchu, who was part of the team organising the convention.

"India has adopted this (convention) and with that we have significantly enhanced the ease of doing business in India," he told PTI.

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"On the ease of doing business, as for the legal front, we are up by 50 per cent just by signing this convention and it is a dramatic jump," said Panchu, a member of the National Legal Service Authority, India.

But this is just a base convention that will have to be translated into an effective law in India, said the legal veteran, who had set up India's first mediation centre in Chennai in 2005.

To further boost foreign investors' confidence in the Indian market, Panchu said the law supporting the convention in India should cover all government contracts with investors for mediation both in India and in a third country choice of disputing parties.

Joining Panchu's call for a supporting law, Sadhana Ramachandran, advocate in the Supreme Court of India, observed "the huge potential" increase in the number of mediation cases in the country.

"We have now 80-100 matters a day with 300 mediators working in the Delhi High Court," said Ramachandran, who is also a senior mediator in the Supreme Court and Delhi High Court.

She expects the mediator community to grow exponentially, given the need to have a mitigation department in every law firm.

With contract-based businesses set to boost the Indian economy to the USD 5 trillion target, foreign companies would be asking legal groups about their mediation capabilities, explained Panchu

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First Published: Aug 07 2019 | 5:55 PM IST

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