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‘Arbitral judicial system can be alternative to regular courts’

DH News Service BANGALORE, Nov 23

In the wake of globalisation, arbitral justice system has become a must for a country like India which has so far lagged behind in implementing the system, observed Karnataka Lokayukta Justice N Venkatachala. The much-needed system which deals mainly with financial disputes of the private sector, can be an alternative to the regular courts, ensuring a quick, inexpensive, confidential, fair and final solution to settling disputes.

Delivering the inaugural address at a seminar on “The dimensions of Arbitration in Hi-Tech Age and The Role of Corporate Entities, Chartered Accountants and ADR Instituions for Administering Arbitration” organised by Arbitration and Mediation Centre (India) Pvt Ltd, Justice Venkatachala suggested that the deliberations of the seminar should throw light on arbitration laws and how they can be useful to the general public.

He said the proposed amendment bill 2001, if passed by the Parliament would rectify many defects present in the existing system. There are certain negative aspects in the arbitrary system which if cured by the bill can provide a foolproof judicial system for the private sector and give more powers to the arbitrators (judges), he said.
Speaking on the topic “An overview of arbitral justice system”, Justice Venkatachala recalled the sequence of evolution of the Arbitration Act, from 1890 to 1940 and how the Act was passed in 1996. 

He recalled the meeting attended by the Chief Justice of India, Chief Justices of High Courts and chief ministers from different states of India, following recommendation by Justice Malimath committee in 1990, which subsequently paved the way for the enactment of the Act in 1996. The decision came close on the heels of economic reforms which started around the same time, he said.

Advocate General of Karnataka, A N Jayaram, who spoke on “The role of State in the implementation of arbitral and conciliatory adjudication”, sought to explain how public dispute resolution system (regular courts) can help the private dispute resolution system (arbitration). He explained how arbitration functioned in countries like England and the US. 

It may be stated here that many states have begun experimenting with Alternative Dispute Resolution (ADR), which refers to any means of settling disputes outside of the courtroom. ADR is the name used to describe the different methods now available for resolving disputes. The two most common forms of ADR are arbitration and mediation.

Promoters of ADR programmes have been driven by burgeoning court queues, rising costs of litigation and time delays which continue to plague the litigants.





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