The Bar Association of India (BAI) held its inaugural New Delhi International Rule of Law Convention, 2023 on April 15-16 in New Delhi. The launch of the New Delhi Rule of Law Convention, coincided with India's Presidency of the G-20. It has brought together distinguished leaders and representatives of the bar from across the world and representatives of Judiciary and international legal and development organisations on the agenda by putting the core values and principles of the Rule of Law at the centre of global and national governance.
As a flagship initiative of the BAI, New Delhi Convention provided an excellent opportunity to meet with the leaders of the profession and legal luminaries from around the world showcasing to the World the strength, quality and excellence of the legal profession in India. Bharat - the Mother of Democracy and Engine of International Economic Growth
The "New Delhi International Rule of Law Convention" was held to show case New Delhi as a city steeped in history and a symbol of modernity, diversity and opportunities and the Republic of India as world's largest democracy with uninterrupted record of transfer of power through democratic elections since independence and home to one of the most independent and robust judiciaries in the world, the fifth largest economy and also one of the fastest growing major economies. We wish to create a brand of New Delhi Convention with the city serving as a perfect backdrop to discuss the challenges the world faces both internationally and domestically in each country and to structure solutions around the values and principles of the Rule of Law.
Promoting the Rule of Law, the Programme had working sessions around the theme of the Rule of Law and also International Commercial Disputes Resolution. On the side lines of the Convention, a Round Table of Law Associations on Role of Lawyers and Law Associations in Promoting the Rule of Law took place.
NEW DELHI INTERNATIONAL RULE OF LAW CONVENTION 2023
15-16 April, 2023 in New Delhi
15-16 April, 2023 in New Delhi
Launch of Flagship BAI Biennial Event
Leaders of National and International Organizations of 21 Countries Participated
Leaders of National and International Organizations of 21 Countries Participated
The following topics were discussed during the Convention :
- Placing Humanism and Values and Principles of the Rule of Law at the Core of Global and National Governance Order to Achieve the ideal of One Earth. One Family. One Future
- The Rule of Law and the Inclusive Global Economic Growth: How to bring the Objective of Shared Prosperity at the Core of a Rule Based Global Economic Order
- International Commercial Dispute Resolution: Challenges & Prospects of Developing a Network of Centres of Excellence for the Emerging Markets and Developing Economies
- International Commercial Dispute Resolution II: How the Philosophy of the New Development Bank and BRICS+ can be a Good Model to Develop a Network of Centres of Excellence for the Emerging Markets and Developing Economies
- Domestic Session: Challenges and Prospects emerging from the BCI Decision to Allow Foreign Lawyers to Practice Foreign Law and Conduct Arbitrations in India
- Developing Collaborations for Capacity Building in the Legal and Justice Sectors in the Global South
- Round Table of LawAssociations on the Role of Lawyers and LawAssociations in Promoting the Rule of Law Globally
Notable Participants
New Delhi International Rule of Law Convention 2023
New Delhi International Rule of Law Convention 2023
Mr. Prashant Kumar
President,
the Bar Association of India.
the Bar Association of India.
World becomes a better place to live in when the pr inciples of the rule of law are adhered to.
From 2015-2021 about 473 million people in India have been uplifted from a life below poverty line and this progress itself is a very potent symbol of healthy rule of law because without justice and social equity none of it would have not been possible...
Global integration should respect human values. Lack of rule of law and democratic systems and institutions lead to tragic consequences for the humanity. India's uninterrupted democracy and independent institutions, despite facing enormous challenges of huge population and diversity sets a template for the emerging countries to follow and emulate. Independence of Judiciary is one of the main pillars of the economic progress of India.
From 2015-2021 about 473 million people in India have been uplifted from a life below poverty line and this progress itself is a very potent symbol of healthy rule of law because without justice and social equity none of it would have not been possible...
Global integration should respect human values. Lack of rule of law and democratic systems and institutions lead to tragic consequences for the humanity. India's uninterrupted democracy and independent institutions, despite facing enormous challenges of huge population and diversity sets a template for the emerging countries to follow and emulate. Independence of Judiciary is one of the main pillars of the economic progress of India.
Mr. Shyam Divan
Senior Advocate,
President of LAWASIA
President of LAWASIA
"So long as there is a judiciary marked by rugged independence the citizens civil liberties are safe even in absence of cast iron guarantees in the Constitution. But once the judiciary becomes subservient to the executive and to the philosophy of the party for the time being in power, no enumeration of fundamental rights in the Constitution can be of any avail, because the courts of justice would then be replaced by the Government Courts."
After 75 years of independence we continue to have courts of justice and not government courts.
After 75 years of independence we continue to have courts of justice and not government courts.
Mr. R. Venkataramani
Attorney General for India
"Rule of law is anti-thesis of all coercive authority which impedes or interferes with the personal life and liberties"
Unlike revolutions which have been witnessed, rule of law is a nonviolent revolution more nuanced of human prospect on the remarkable orderly earth.
"Law is order or just order, it cannot be governed by machines but technological disruptions of law exist, which is a challenge to meet".
Unlike revolutions which have been witnessed, rule of law is a nonviolent revolution more nuanced of human prospect on the remarkable orderly earth.
"Law is order or just order, it cannot be governed by machines but technological disruptions of law exist, which is a challenge to meet".
Justice Dinesh Maheswari
Judge, Supreme Court of India
"There should be an inclusive order and expansion of rule of law taking into account the evolving conceptualizations across jurisdiction described as law diffusions"
Mr. JorgMenzer
Secretary General
International BAR Association.
International BAR Association.
"Humanism is the basis of rule of law. Traditional liberties should be conserved. Legislative processes should be explained much more beyond legal, professional, university level, educating wider public making them understand their rights to remove ignorance of law.
Mr. Alexy Klishin
Member of Presidium,
Association of Lawyers of Russia
Association of Lawyers of Russia
Our role as lawyers is not to identify problems but to find equitable solutions and make compromises for the benefit of mankind. Our common goals include protection of human rights and elimination of racial discrimination, violence and crime. World must evolve universal negotiation platforms based on mutual respect and trust leading to collective international order.
Mr. Bruno Barata
Bar Association of Brazil
We should contribute to development of laws and legal theories that strengthen the rule of law by maintaining highest standards and levels of legal professional integrity.
Access to justice, a ffordability of justice and quality of justice are essential for proper functioning of the Rule of Law.
Access to justice, a ffordability of justice and quality of justice are essential for proper functioning of the Rule of Law.
Mr. Motoji Kobayashi
President,
Japan Federation of Bar Association (JFBA)
Japan Federation of Bar Association (JFBA)
Bar associations should endeavor to work towards global stability and order. Legal profession has a wider responsibility and important role to play.
Mr. Anar Bhagirov
Chairman,
Azerbaijani Bar Association
Azerbaijani Bar Association
BAR associations should develop set of minimum standards and create mechanisms to ensure rule of law without discrimination.
Mr. Srun Thirith
Director for Department of Public Relation and International Cooperation of the Bar Association of the Kingdom of Cambodia
Bar association should help poor and vulnerable who cannot afford a lawyer and provide free legal aid to maintain the Rule of Law.
Mr. Shlomo Eigner
Advocate
Israel Bar Association
Israel Bar Association
Courts should be above government and not government above courts. The attempts to undermine independence of judiciary in Israel must be made to fail.
Mr. Jeff leong
Malaysian Bar
Bar Associations should act strongly against corruption which hinders the rule of law.
Mr. Gopal Krishna Ghimire
President,
Nepal Bar Association
Nepal Bar Association
Bar Associations must promote human rights and democracy at cross border levels to promote the Rule of Law.
Mr. Thierry Aballea
Secretary of the International Commission & Member, Paris Bar Council
Bar Associations should use information technology and artificial intelligence solutions to help ensure the Rule of Law.
Mr. Kari Abdoul Bagui
President
Pan African Lawyers Union (PALU)
Pan African Lawyers Union (PALU)
Evolve a system where there should be a bridge between BAR Associations and economic policy makers is economic sphere in ensuring the rule of law.
Dr. Alejandro Ponce Rodriguez
Chief ResearchOfficer,
World Justice Project.
World Justice Project.
Rule of law must be measured through the index of performance assessment based on the constraint on government powers, absence of corruption, open government and fundamental rights.
Mr. Mansur Abdul Latif
President
Law Society of Brunei Darussalam
Law Society of Brunei Darussalam
Let's work to achieve the idea of one earth one family and one future through the principles and values of the Rule of Law.
Ms. Eunice Ntlai Masipa
President
The Law Society of South Africa
The Law Society of South Africa
There should be proper training for lawyers and S outh African bar strongly condemns the perpetuators of transborder economic crimes to ensure the rule of law. Arrangements should be made to allow cross border law practice.
Ms. Aracely Flores Bueso
Honduran Bar Association
Honduran Bar Association fought for establishing the rule of law and Woman right to vote and thus ensuring a woman President in our Country.
Mr. Carlo Deo Mastellone
Vice President
Union Internationale des Avocats (UIA)
Union Internationale des Avocats (UIA)
Mr. Carlo highlighted that his organization is strong promoter of international alternative dispute resolution and further emphasized upon the independence and fairness of arbitration tribunal. He further highlighted importance of mediation as a dispute resolution mechanism and the challenges for enforcement of settlement agreement.
Mr. Alim Ernazarov
Chairman
Chamber of Advocates of the Republic of Uzbekistan
Chamber of Advocates of the Republic of Uzbekistan
Mr. Alim Chairman of the Uzbekistan thanked BAI for organizing the convention and provided brief history of the Uzbekistan and reform of the legal society in the Uzbekistan. He further provided details of the law for protection and welfare of the advocates.
Mr. Siraj Omar
Council Member
The Law Society of Singapore
The Law Society of Singapore
Mr. Siraj in his address highlighted that the New Development Bank (NDB) lend financial support for infrastructure development, to accelerate economic growth and social-environment sustainability to improve the lives of the individuals in member countries. He further presented about a brief glimpse of rule of law and legal structure in the Singapore and importance of legal certainty to bring foreign investment.
Mr. Yunis Nasibov
Member
Azerbaijani Bar Association
Azerbaijani Bar Association
Mr. Yunis in his address provided a brief glimpse of the promotion and mechanism of the alternative dispute resolution in the Azerbaijan.
Mr. Hiroo Advani
Member
Dubai International Arbitration Centre
Dubai International Arbitration Centre
Mr. Advani presented about the importance of the Dubai International Arbitration Centre. He pointed out that Court appoints arbitrator in India whereas in other prominent arbitration jurisdiction, arbitration institute appoints the arbitrator and less court interference. He further touched upon the controversial issues of third-party funding and whether non-signatory to an arbitration agreement can be made party to the arbitration or not.
Mr. Upul Jayasuriya
Former President,
Bar Association of Sri Lanka
Bar Association of Sri Lanka
Mr. Upul Jayasuriya in his address highlighted different rule of law and democracy principles which have been applied by other states in comparison to western states. He spoke about new economic order, transaction in common currency efforts by Asian and middle eastern nations, treaties and international efforts to tackle the menace of shell companies and money laundering and practical aspect for protecting rule of law.
Hon'ble Mr. Justice Adarsh Kumar Goel
Chairperson
National Green Tribunal
National Green Tribunal
Justice Goel in his address, discussed the rule of law and environment and analyzed the mechanism and international environment conventions to regulate environmental degradation. He also presented glimpse of the steps taken by India and its contribution for the protection of environment.
Mr. Amarjit Singh Chandhiok
President-Elect
The Bar Association of India
The Bar Association of India
BAI has presence all over India from Ladakh to Kanyakumari and the BAI has association with other Foreign, Regional and International Association / Organizations.
He laid emphasis to draft Contract cautiously in order to avoid international dispute resolution complexities, need for uniform fundamental law and procedural rules for arbitration, challenges for the enforcement of arbitration award and time-bound resolution of commercial disputes. He also stated that the BAI will soon be launching the domestic and international arbitration and mediation facilities.
He laid emphasis to draft Contract cautiously in order to avoid international dispute resolution complexities, need for uniform fundamental law and procedural rules for arbitration, challenges for the enforcement of arbitration award and time-bound resolution of commercial disputes. He also stated that the BAI will soon be launching the domestic and international arbitration and mediation facilities.
Mr. Mohit Mathur
Vice President
The Bar Association of India
The Bar Association of India
Mr. Mathur highlighted that BCI failed to take consultation with bar associations, district bar associations and other stakeholders in framing of ambiguous rules for entry of foreign lawyers / law firms which may have far reaching effect on the domestic bar. He also pointed out that the BAI is formed before BCI and played key role in the formulation of Advocates Act, 1961.
Mr. Vikramjit Banerjee
Additional Solicitor General of India
Mr. Vikramjit Banerjee in his address spoke about Humanism and Values and principles of rule of law and how they can be part of National and global legal order. He also highlighted the presentday challenges which Rule of Law faces from Artificial Intelligence.
Mr. Jaideep Gupta
Vice President
The Bar Association of India
The Bar Association of India
Mr. Jaideep Gupta highlighted that the modern law (arbitration and insolvency laws adopted by most of the jurisdictions) as formulated by the UNICTRAL has led to the removal of jurisdiction boundaries in commercial matters.
Mr. Saroj Krishna Ghimire
Nepal Bar Association
Mr. Ghimire highlighted the need of capacity Building in the Legal and Justice Sectors and a provide the glimpse of legal sector in the Nepal.
Mr. S.S. Naganand
Vice President
The Bar Association of India
The Bar Association of India
Mr. Naganand quoted a Shlok from Maha-Upanishad, which means This is mine, that is his, say the small minded, The wise believe that the entire world is a family. He further highlighted the expanded interpretation of Article 21 of the Constitution of India has led to enforcement of property rights, fundamental and legal rights, diversify economies, eliminate disparity and provide basic amenities to all citizens or individuals and reform of global financial architecture.
Mr. C.S. Vaidyanathan
Vice President
The Bar Association of India
The Bar Association of India
Mr. Vaidyanathan highlighted the issue of access of justice and need to provide expeditious justice, reform of procedural laws to prevent delay in justice delivery system, proper training for the formulation of legislation and need to inculcate judgment writing skills and knowledge to the judges.
Dr. Anindita Pujari
Vice President
The Bar Association of India
The Bar Association of India
Dr. Pujari laid emphasis on four terms i.e. collaborate, cooperate, cowork and co-create for the capacity building in the Legal and Justice Sectors. She further emphasized on the need to collaborate among institutions on meaningful level which will leads to growth and reformation of institutions. She also pointed out the challenges and gap in the present legal justice system.
Dr. Uday Prakash Warunjikar
Vice President
The Bar Association of India
The Bar Association of India
Dr. Warunjikar in his address through case laws highlighted change in the stance of Government of India with respect to entry of foreign lawyers and restricted entry allowed by courts and further highlighted analysis and boon and bane of new BCI foreign lawyers entry rules.
Mr. Amarjit Singh Bedi
Hony. General Secretary
The Bar Association of India
The Bar Association of India
Mr. Bedi highlighted that BCI failed to make consultation with bar associations in framing of ambiguous rules and highlighted challenges / risk associated with these rules. He further pointed out that the rules cannot supersede the Advocate Act, 1961 which bars the practice of advocate not fulfilling criteria as mentioned in the Act.
Ms. Rachana Srivastava
Vice President
The Bar Association of India
The Bar Association of India
Ms. Srivastava summarized the discussion held in the convention and concluded the New Delhi International Rule of Law Convention, 2023.
NEW DELHI INTERNATIONAL RULE OF LAW CONVENTION, 2023 STATEMENT
"We the leaders of Bar Association and Law Societies form all over the world have come together on 15th and 16th April 2023 at the New Delhi International Rule of Law Convention, 2023 to discuss and debate how in each jurisdiction the legal professionals are contributing to promotion and sustenance of the rule of law in the spirit of one world and one family.
The Bar Associations play a vital role in sustaining the rule of law by ensuring strong independent, efficient and accountable judiciaries. The protection and promotion of human rights, access to justice through legal aid and representation and above all, by helping create inform public opinion on issues that concern good governance, administration of justice and ensuring social and economic justice.
We all share the view that the bar associations and law societies ought to be accorded status at par with the free press and media as institutions vital to sustain free and independent societies that thrive around the basic principles and values of the rule of law.
We resolve to work together to create awareness about these vital functions of the bar associations and law societies amongst the general public, governments and international organizations in order to ensure that the bar associations are provided with consultative status not only in the matters of framing legislation but on all aspects of policy making and governance that have value of justice at their core."
The Bar Associations play a vital role in sustaining the rule of law by ensuring strong independent, efficient and accountable judiciaries. The protection and promotion of human rights, access to justice through legal aid and representation and above all, by helping create inform public opinion on issues that concern good governance, administration of justice and ensuring social and economic justice.
We all share the view that the bar associations and law societies ought to be accorded status at par with the free press and media as institutions vital to sustain free and independent societies that thrive around the basic principles and values of the rule of law.
We resolve to work together to create awareness about these vital functions of the bar associations and law societies amongst the general public, governments and international organizations in order to ensure that the bar associations are provided with consultative status not only in the matters of framing legislation but on all aspects of policy making and governance that have value of justice at their core."
Some Glimpses from the New Delhi International Rule of Law Convention 2023
New Delhi International Rule of Law Convention 2023 -
International Delegates visit to Taj Mahal, Agra
International Delegates visit to Taj Mahal, Agra
