The management of Drupad Ltd, was planning to set up a plant near the coastal region in Tamil Nadu. The Company was simultaneously, finalising multiple agreements with various service providers and vendors. Aadesh, the C

Company secretaries are not only corporate legal experts but due to the very nature of profession, their knowledge is far superior in respect of commercial understanding. They have an edge in the sense that they understand the underlying commercial transaction or the legal framework in a more effective manner. Since they are exposed to various facets of law and the management, they can formulate a better strategy in arbitral proceedings while advising to the client. Thus company secretaries in practice can act as strategist and authorized representative in arbitral proceedings. Presently company secretaries in practice render Arbitration and Conciliation Services such as advising on arbitration, negotiation and conciliation in commercial disputes between the parties, acting as arbitration/conciliator in domestic and international commercial disputes and drafting Arbitration/ Conciliation Agreement/Clause. Role of a Company Secretary in Arbitration and Conciliation Matters A Company Secretary plays a crucial role in arbitration and conciliation matters under the Indian Arbitration and Conciliation Act, 1996, and within the broader framework of ADR mechanisms in India. Here are the key responsibilities: 1. Advisory Role: Advises the company's board and management on the legal implications of entering into arbitration agreements. Guides on selecting appropriate arbitration or conciliation mechanisms based on the nature of disputes and company policies. 2. Drafting and Review: Drafts and reviews arbitration clauses in contracts to ensure clarity and enforceability. Prepares and reviews notices, submissions, and other documentation required during arbitration and conciliation proceedings. 3. Liaison and Coordination: Acts as a liaison between the company and legal counsel, arbitrators, or mediators. Coordinates the collection and presentation of evidence and other necessary information for the proceedings. 4. Compliance and Governance: Ensures compliance with statutory requirements under the Arbitration and Conciliation Act, 1996. Maintains records of arbitration proceedings and outcomes for corporate governance and audit purposes. 5. Dispute Management: Manages the dispute resolution process, ensuring timely and effective resolution. Monitors and implements the decisions or awards from arbitration or conciliation, ensuring adherence to the agreed terms. By performing these roles, a Company Secretary ensures that the company navigates arbitration and conciliation processes effectively, minimizing legal risks and fostering a culture of compliance and sound corporate governance.