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ADR and MSME Dispute Resolution by Beam

MSMEs constitute the bulk of India’s exports to the tune of about 60% and contribute to the economic and social development of India. Therefore, it is paramount to ensure ease of doing by robust dispute resolution mechanism. BEAM ADR assists in providing affordable dispute resolution to the MSMEs, especially in the rural areas of India.

The Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) provides a mechanism for resolving disputes between MSMEs and other parties. 

The process is as follows: 

Facilitation Council

The dispute is referred to the Micro and Small Enterprises Facilitation Council, which is responsible for conducting conciliation. The Council can act as the conciliator itself or appoint an institution to do so.

Conciliation

The Council attempts to settle the dispute through conciliation. If the parties are unable to reach a settlement, the Council can act as the arbitrator.

Arbitration

If the dispute is not settled through conciliation, the Council can refer it to an institution or center for arbitration. The Arbitration and Conciliation Act, 1996 applies to the dispute. The arbitrator must resolve the dispute within 90 days of the referral.

Other aspects of dispute resolution for MSMEs include:

Arbitration clauses

Contracts between MSMEs and larger entities may include arbitration clauses.

Enforcement

Contracts between MSMEs and larger entities may include arbitration clauses.

Capacity Building

Awareness campaigns and capacity-building initiatives can help MSMEs navigate the dispute resolution process.

BEAM ADR always educates and campaign for awareness and diligent mechanisms for dispute resolution. The author has personally played key roles in MSME dispute resolution.

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Expert Mediation Services

Our professionals specialize in resolving disputes through Alternative Dispute Resolution (ADR), ensuring amicable settlements for businesses and individuals alike.

Corporate Training & Workshops

Enhance your team's understanding of ADR with our expert-led workshops and training sessions.

Customized ADR Solutions

Tailored approaches to meet your specific dispute resolution needs, promoting efficiency and fairness.

BEAM ADR
  • Associate Member of Chartered Institute of Arbitrators (ACIArb) – UK
  • Enrolled as an Advocate with the Bar Council of India
  • Founder & Trustee – Bureau for the Empowerment of Arbitration and Mediation (BEAM)
    (www.beamadr.org)
  • Commercial Law Expert Pursuing

1. Commercial Court Cases
2. Interim Orders for Arbitration Matters
3. Arbitrator Appointment Related Matters
4. Enforcement of Arbitration Awards
5. Litigation Related to Arbitration Matters
6. Delayed Payment Recovery Under MSME Act
7. Arbitration Counsel

  1. Training related to ADR Topics and Contract Law
  2. Expert in Cyber Laws and Domain Name Disputes
  3. IT related Disputes

Address: 218, Best Complex, Kumaran Road, Tiruppur-1

Email: soorajtup@gmail.com

Mobile: +91 9786801260

LinkedIn Profile: https://www.linkedin.com/in/sooraj48/

Below is my Short profile:

  • Enrolled as an Advocate with Bar Council of India (BCI).
  • Advocate with 3 years of Experience in Civil cases practising in District Courts.
  • Associate Member of Chartered Institute of Arbitrators (ACIArb)- UK.
  • Co – founder & Member – Bureau for the Empowerment of Arbitration and Mediation
    (BEAM) (www.beamadr.org)
  • Co-Author – Handbook on ARBITRATION for the practicing professionals,
    published by ICSI Hyderabad (www.icsi.edu)
  • Experienced in Banking Cases, Consumer Cases, Cheque Cases and Family
    Mediation & Disputes.

Director – Middle East Operations (ADROIT Middle East)

Director – Project Management & Expert Services LLC

Muscat – Oman & Middle East

Mobile: +968 93800315

e-mail: manikandan@adroitpmc.com, manikandan@pmesoman.com, info-me@adroitpmc.com

I am a Director with ADROIT Middle East ADR Consultant in Oman (Lead Claims Consultant and Arbitration Expert). I have over 24 years of experience in the field of Dispute Management, Arbitration, Claims Management, Contracts Management, Contract Administration, Expert Estimation on Engineering, Quantity Surveying with various fields of construction industries  in Oman, UAE, Qatar and India.

I have a Bachelor of degree in Civil Engineering, am a Certified Constriction Claims Specialist, a Member of CIArb, a Member of RICS, ICCP Practitioner, and qualified as an Expert Witness with RICS.

Besides Contracts and Claims, I am an Arbitration Expert in the Sultanate of Oman and a Panel Expert at the Oman Commercial Arbitration Centre.

Key Knowledges

  • Knowledge of Contractual Models – FIDIC, NEC, Service Contracts & Private / Local Standard Conditions of Contracts and SCL protocol and AACE-PE Principles.
  • Proven negotiation experience in high value contracts and act as a Mediator
  • Support to Claimant’s and Respondent’s about the Claims and analysis of strengths and weaknesses of the case
  • Claim management and Contract administration advices to various options based on the strength and the weakness of the claims till successfully closing out of the matters
  • Expert’s determinations/opinions on disputes relating to delays, variations, interim payments, notices and final accounts
  • Providing the independent Expert witness for the Arbitrations
  • Provide advises and assist to Client, Contractor, project teams and auditors in relation to Commercial and Contractual matters

Dynamic advocate with 3+ years Experience in Civil ANF Criminal Law Practice.

Expertise in:

  • Documentation,
  • Legal opinion,
  • Translation,
  • Accident claims,
  • Consumer claims.

Membership:

Beam-bureau for the empowerment of arbitration and mediation – secretary and a trustee member.

Er. ILAMPARITHI B brings over 15 years of extensive expertise in EPC Contracts and Claims Management, specializing in Forensic Delay and Quantum Analysis. With a robust academic background including a Master’s in Operations and Project Management, he has played a pivotal role in consultancy, advisory services, and expert witness testimony in construction arbitration.

Professional Experience:

Er. ILAMPARITHI has led teams in Contract Management, Techno-commercial Operations, and Forensic Delay and Quantum Analysis across complex EPC projects in sectors such as Oil & Gas, Power, Roads & Bridges, Metro, and Pipeline Networks. His contributions have impacted projects worth over USD 2.2 Billion.

Key Achievements:

  • Led proficient teams in managing high-value EPC projects and navigating complexities in Contract Management and Claims.
  • Instrumental in handling disputes and providing expert testimony in international arbitration cases.

Technical Skills:

His technical proficiency spans Contract Management, Construction Claims, Forensic Schedule Delay Analysis, Dispute Management, and Arbitrations as an Expert Witness. Er. ILAMPARITHI excels in navigating EoT claims and arbitrations both domestically and globally.

Arbitrational Experience:

Er. ILAMPARITHI has been extensively involved in arbitrations, serving as an Expert Witness in complex disputes globally. His experience includes notable cases in India and internationally, such as disputes over underground stations in Chennai, mechanical works for Ethylene Cracker Units, and EPC projects in the UAE and Kuwait.

Certifications and Memberships:

He holds certifications in Diploma in Alternative Dispute Resolutions, Uncitral International Commercial Arbitration, Uncitral Mediation Framework, and Business Law. Er. ILAMPARITHI is affiliated with prestigious institutions including Young ICCA, HKIAC, and Young EDAC, underscoring his commitment to global arbitration practices.

Education:

  • MBA (Operations and Project Management), Madurai Kamaraj University
  • BE (Electrical & Electronics), Thiagarajar College of Engineering

Personal Details:

Er. ILAMPARITHI, fluent in English, Tamil, and basic Hindi, resides in Coimbatore, India, and is available at ilam@pragmaticpc.com or +91 9944254959.

LinkedIn Profile: linkedin.com/in/ilamparithi-boologasundaravijayan

Chockalingam Vijayarengan, an esteemed professional with over 35 years of experience and a strong background in Project Controls and Contract Management, specializes in Forensic Delay and Quantum Analysis. He holds a Bachelor of Engineering in Civil & Structural and is recognized as a Chartered Engineer, FIE, A.M.ASCE, AAPE, CCCS/CCDA, and FSDA.

Professional Summary:

Vijayarengan has excelled in managing diverse projects globally, focusing on high-rise towers, buildings, oil & gas facilities, infrastructure, utilities, and automation systems. His career highlights include overseeing project controls, contract administration, and achieving project milestones within budgetary constraints.

Technical Skills:

His expertise spans Engineering Operations, Maintenance Management, Budgeting, Business Intelligence, KPI Management, and proficiency in software tools such as P6, MS Project, Oracle Financials, and iTWOcostX.

Certifications & Memberships:

He holds certifications including Certified Construction Contracts Administrator (CCCA), EVM Mastery, and is affiliated with AACE, USA, and APE, UK. Vijayarengan is also an Empaneled Arbitrator and member of RVO, reflecting his commitment to industry standards.

Career Achievements:

  • Successfully managed multiple projects simultaneously, ensuring adherence to project schedules and contractual obligations.
  • Expert in EOT/Delay Analysis, contract vetting, progress monitoring, and milestone payment approvals.
  • Played a pivotal role in monthly invoice validation and management reporting, aligning technical and commercial divisions.

Training & Approvals:

He has completed advanced courses in Project Management, Lean Six Sigma, and Forensic Delay Analysis, with approvals from major entities like Oman Gas Company and ORPIC.

Core Competencies:

Vijayarengan is renowned for his visionary leadership, high-stakes negotiations, and expertise in HSE management, risk analysis, and EPC management. He excels in client/vendor/sub-con invoicing, negotiation strategies, and fostering teamwork.

Personal Details:

Passionate about continuous learning, Vijayarengan actively participates in webinars and professional development activities. He resides in Tamil Nadu, India, and seeks opportunities in the Middle East, Far East, Asia, and India.

Contact:

Email: vijayarengan@pragamaticpc.com
Phone: +91-97903-70609
LinkedIn: linkedin.com/in/chokalingam-vijayarengan

Empanelled Arbitrator, Mediator, Master trainer for the Construction Arbitration topics.

Professional Profile:

  • Bachelor of Business Administration and Qualified Lawyer (LLB), enrolled in the Bar Council of India.
  • Associate Member of Chartered Institute of Arbitrators (ACIArb)- UK
  • Partner (International Arbitration) with ADROIT ADR CONSULTANTS, having offices in India and Oman. Commercial and Construction Arbitration, Mediation and Contracts management are the core practice areas.
  • Affiliated with Chartered Institute of Arbitrators (CIArb), UK, WIPO, ICSI and INDIAN INSTITUTE OF CORPORATE AFFAIRS, IICA (An Initiative by Ministry of Corporate Affairs – Govt of India).
  • Empanelled as Neutral in Nepal International ADR Centre (NIAC)
  • Handled several high value Arbitration cases both in Domestic and International Arbitration.
  • Regularly conduction training sessions for the CIArb pathway candidates, both in India and Middle East. Delivered many seminars / webinars on the Arbitration topics for Professional bodies such as BEAM- India.
  • Published several articles on the Arbitration and allied subjects in LinkedIn (Profile – linkedin.com/in/madhu-mithra)
  • Empanelled as Arbitrator / Mediator in ODR platforms CADRE, SAMA
  • Internship at Ministry of Law & Justice, Government of India.
  • Handled many conciliation cases with the MICRO AND SMALL. ENTREPRENERS FACILITATION COUNCIL (MSEFC) for different kinds of disputes.
  • Represented parties in real time arbitration matters and achieved winning solutions.
  • Master trainer for Arbitration, Mediation and Contract Law.
  • Co – founder of a non – profit organisation called BEREAU FOR THE EMPOWERMENT OF ARBITRATION AND MEDIATION (BEAM) to educate ADR Mechanisms among general public, law students, MSME’s, legal and allied professionals.
  • Dually qualified as Engineer and Lawyer .
  • Fellow member of Chartered Institute of Arbitrators – UK (www.ciarb.org)
  • Empanelled as an Arbitrator with the Maldives International Arbitration Centre
    (https://miac.gov.mv)
  • Empanelled as Arbitrator with the India International Arbitration Center – New Delhi
    (www.indiaiac.org)
  • Certified ODR Arbitrator / Mediator
  • Empanelled as Arbitrator with the Indian Council of Arbitration (www.icaindia.co.in)
  • Empanelled as an Arbitrator with the Construction Industry Arbitration Council
    (www.ciac.in)
  • Empanelled as Mediator with Ministry of Corporate Affairs, Govt of India
  • Enrolled as an Advocate with the Bar Council of India
  • Member – Caspian Arbitration Society – Zurich (https://www.caspian-arbitration.com)
  • Member – Society of Construction Law
  • Member – Nani Palkhiwala Arbitration Centre (www.nparbitration.com)
  • Convener- Bureau for the Empowerment of Arbitration and Mediation (BEAM)
    (www.beamadr.org)
  • Certified Quality Management Systems (QMS) Auditor
  • Co-Author – Handbook on ARBITRATION for the practicing professionals , published
    by ICSI Hyderabad (www.icsi.edu)
  • LinkedIn profile: https://www.linkedin.com/in/ramadr