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Gracious Timothy Dunna
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Experienced in international and domestic commercial dispute resolution. Skilled in consensual processes as a counsel and mediator. Academically strong, with an LLM in International Commercial Arbitration from Pepperdine University Caruso School of Law.


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Young Mediator
India
English, Hindi, Telugu
Evaluative, Facilitative
Mediation Profile

I find consensual dispute resolution to be remarkable, given the potential nature of the outcomes. It's simple and yet even the most complex puzzles fall into place. On every occasion that I've experienced it, I have further encountered its strengths, efficacy, and its spirit to resolve differences.

The thought that "problems that exist today cannot be solved by the same thinking that created them" is enlightening in comprehending the true role of a mediator; it's about giving confidence to the parties to think outside their closed confinements. To be a mediator who accepts the responsibility to initiate a dialogue between the parties and encouraging them to an amicable settlement is a brilliant experience any day. In the words of Lord Mustill, "we have now lost the culture of compromise." Mediation is an effort to re-ignite the culture of compromise and peaceful resolution of dispute. It is seen as a pragmatic and workable alternative. In the sphere of ADR, the winds of history are with traditional arbitration. But, the winds are a- changing. Mediation is definitely in the forefront of dispute resolution methods.

Advocate (Qualified in India) | Arbitration and Mediation Counsel | Accredited Mediator

Sr. No.

Domestic/ International

Description of Parties

Number of Mediation Sessions

Appearing as Mediator or Mediation Advocate

Institutional or Ad Hoc (Clause) or Court Annexed

 

Description of the Dispute/ Subject Matter

On-Going or Concluded

1.        

International Mediation (Cross Border and Cross Cultural Mediation)

Nigerian Party (Requesting) and an Indian Party

2

Co-Mediator with Mr. Anil Xavier

Institutional Mediation at the Indian Institute of Arbitration and Mediation (Co-mediation)

Dispute arising out of a Supply Agreement over the quality of goods supplied and the delivery of goods supplied

Concluded

2.        

Domestic Mediation

Builder and 16 Land Owners

3

Mediation Advocate

Mediator – Sr. Adv. Sriram Panchu

Court Annexed Mediation (High Court of Madras)

Dispute arising out of a land development agreement with respect to post-termination settlements amounts and interest applicable

Concluded

3.        

Domestic Mediation

Between two siblings (Family matter where both siblings are living abroad in different countries)

2

Mediation Advocate

Court Annexed Mediation (High Court of Madras)

Dispute concerning the division of inherited property between the siblings – working of inventories and splitting the inherited property between the two parties

Representation Withdrawn

4.        

International Mediation

Japanese Company and an Indian Construction Company (Requesting Party)

4

Mediation Advocate

Mediator – Dr. C. N Srinivasan (CRN Architects)

The Construction Contract required the appointment of the Architect as the Mediator (Dispute Resolution Clause)

The dispute arises out of a construction contract where the Employer was unhappy with the quality of the construction, and therefore, refused to make payments

Concluded

Ambassador, Young Mediators' Initiative
Co-Founder, The PACT (India)
Former Co-Chair, IBA-VIAC CDRC (Vienna) Young Global Ambassadors Program
Member, Young ICCA
Member, Young MCIA (India)
Member, ICC Young Arbitrators Forum

Email: gracioustimothy@gmail.com
Phone: +91 70423 77468

References:

1. Anil Xavier (India)
Advocate | President, Indian Institute of Arbitration and Mediation

2. Paul Mason (U.S. | Brazil)
International Arbitration and Mediator

3. Edna Sussman (U.S.)
International Arbitrator and Mediator

4. Prof. Thomas Stipanowich (U.S.)
Dean, Straus Institute for Dispute Resolution (Pepperdine University School of Law)

Training and Education

Indian Institute of Arbitration and Mediation (IIAM)
Grade-B Accredited Mediator enlisted at IIAM.
For more information on the Mediation Training Programme: www.arbitrationindia.org

Prague Summer Mediation Academy (PSMA), Charles University in Prague
Completed Training in Cross-Border Mediation
Awarded Charles IV Scholarship

Publications

Book and Book Review

Mediation and Conciliation in India: Principles and Procedure (Gracious Timothy Dunna ed., Wolters Kluwer 2022)

Application of the Indian Arbitration Act to Non-ICSID Investor-State Arbitrations (Eliva Press 2021)

Book Review: International Mediation, ICSID Review: Foreign Investment Law Journal (2020) (A Joint-Review of: Catharine Titi et al., Mediation in International Commercial and Investment Disputes (2019) and Nadja Alexander et al., The Singapore Convention on Mediation (2019))

Chapters

Construction Arbitration: Peculiarities in Principles and Practice, in Specialized Arbitration: Emerging International Trends and Practices (Chirag Balyan & Yashraj Samant eds., Thomson Reuters 2021)

SCL India Survey Report 2020-21 on the Impact of Covid-19 Pandemic on the Construction & Infrastructure Industry (published by the Society of Construction Law – India)

Assisted: Aditya Singh, Investor-State Dispute Settlement and India, in Arbitration in India (Dushyant Dave, Martin Hunter, Fali Nariman, Marike Paulsson eds., Kluwer Law International 2020)

Allison Malkin & D. Gracious Timothy, Commercial Mediation: An Evolving Frontier of Alternative Dispute Resolution in India, in Alternative Dispute Resolution: The Indian Perspective (Shashank Garg ed., 2018)

Articles

Extra-territorial Arbitration: Indian Parties Arbitrating Abroad (Publication Forthcoming)

Inter-State Arbitration and India (Publication Forthcoming)

Virtual Arbitration and Remote Advocacy (Publication Forthcoming)

The Enforceability of Exclusion Clauses under Indian Law (Publication Forthcoming)

Revisiting the Enforceability of FIDIC’s Notice Requirement Under Indian Law: Contractors Cautioned, IBA Construction International (2021)

To Enforce or Not to Enforce: Laying A Standard of Enforcement of Annulled Awards in India, 1(1) Indian Review of International Arbitration (2021)

India and Interim Measures in International Commercial Arbitration: Impressions from Bitter Experience, The SCC Online Blog (April 17, 2021)

Appealing the Applicability of the Indian Arbitration Act to Non-ICSID Investment Arbitration, 60(3-4) Indian Journal of International Law (2020)

Standard of Review in Set-Aside and Enforcement Proceedings Relating to Arbitral Awards in India, 14 National Law School Journal 252 (2019)

Keeping with the Times, Revisiting the UNCITRAL Model Law on International Commercial Arbitration, 11(3) Journal of International Dispute Settlement 459 (2020)

Recognition and Enforcement of Foreign Interim Measures Under the Indian Arbitration Act, Asian Dispute Review (July 2020)

Waiver of the Right to Set-Aside and Resist the Enforcement of an Arbitral Award: An Indian Perspective, 16(1) Asian International Arbitration Journal 69 (2020)

Assisted: Edna Sussman, The Singapore Convention: Promoting the Enforcement and Recognition of International Mediated Settlement Agreements, 3 ICC Dispute Resolution Bulletin 42 (2018)

Supreme Court in Centrotrade 2016: Too Quick to Nod at the Validity of the Two-Tier Arbitration Clause, 14 Asian International Arbitration Journal 1 (2018)

Introducing “Public Policy” to Enforcement of Foreign Judgments: Lessons from the Law of Arbitration, 2 Transnational Dispute Management Journal (2018)

Prospective Applicability of Section 34 under the Arbitration Amendment Act, 2015, 2 National Law School Business Law Review 30 (2016)

The Conundrum Underlying Section 26 of the Arbitration Amendment Act, 2015: Prospective or Retrospective?, 5(1) Indian Journal of Arbitration Law 205 (2016)

The Final Chapter to the Public Policy Saga: The Arbitration Amendment Act of 2015?, 19(2) International Arbitration Law Review 56 (2016)

The Workability of Emergency Arbitrators in India: A Flawed Emergence, 19 Young Arbitration Review 55 (2015)

Blogs

The ‘Future’ of the Amazon Arbitration: Alternative Approach to ‘Reliance’ on the EA Order? (Bar & Bench)

Existential Crisis of Section 11(6A) of the Indian Arbitration Act? (Kluwer Arbitration Part-1 and Part-II)

Dealing with Bad Connections, Inside-Out, and Outside-In (Mediate.com)

Are We Missing the Point? A Young Mediator’s Perspective About Mediation in India (Kluwer Mediation)

UNCITRAL Convention on Enforceability of Settlement Agreements (Mediate.com)

Downside of Arb-Med-Arb Procedures (Mediate.com)

Investor-State Mediation in India (Mediate.com)

Contact
Gracious
Timothy Dunna
Gracious Timothy Dunna
Advocate & Mediator
India

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