New Delhi: Chief Justice DY Chandrachud has said mere creation of arbitration institutions is not enough and we have to ensure that these dispute resolution centers are not controlled by the "criminal cliques themselves".
Speaking in the Supreme Court of the United Kingdom, Chandrachud said that now is the time that countries like India should come forward to create and promote a culture of commercial arbitration and strong institutionalization of arbitration will further enhance the culture of arbitration in the country. Global South.
He said arbitration is an alternative method of dispute resolution and is no longer an "alternative" but the preferred method of obtaining commercial justice.
"In recent years, institutions such as the India International Arbitration Center and the Mumbai and Delhi International Arbitration Center have been set up and a steady flow of arbitration cases is being witnessed," the CJI said.
“But building institutions is not enough.We must ensure that these new institutions are not controlled by self-serving cliques. These institutions must be based on a foundation of strong professionalism and the ability to generate consistent mediation processes,” he added.
The CJI said that transparency and accountability, the values by which the work of traditional courts is evaluated and criticized, cannot be separated from the world of arbitration.
“The arbitration institutions are uniquely positioned to collaborate with other arbitral institutions around the world to adopt international best practices and procedures.This will lead to global convergence of arbitration processes, creating more uniform institutional rules and structures. I am hopeful that Indian arbitral institutions will emulate the success of their global counterparts in the years to come,” he said.
Reiterating that replacement of courts should not result in the creation of opaque structures, Chandrachud said the plea for bringing greater diversity into the world of arbitration is based on the conviction that bringing diversity of viewpoints into the world of arbitration is important, be it in terms of gender. Be in. Or will a broad-based process emerge from the Global South?Emphasizing the role of technology in the arbitration process, the CJI said that technology plays a major role in how arbitration proceedings are conducted and provides cost-effective and time-effective solutions.
The CJI said, "You have instances where one party is based in Delhi, the other in Bengaluru, while the arbitrators are in London, Mumbai and Singapore. Technology provides digital environment that allows them to participate virtually in the arbitral proceedings "
He said, “Like law courts, COVID-19 provided an impetus to modernize the arbitration process. Similarly, the world of arbitration also impacted the procedures adopted by courts.,
Chandrachud said the adoption of technology at all levels of arbitration proceedings will make arbitration proceedings more efficient and importantly more accessible.
“Technology and artificial intelligence enhance the value of services provided by arbitral institutions in matters such as reviewing documents or writing proceedings,” he said.
The CJI said the courts in India are overburdened despite 2.15 million cases being disposed of by the High Courts and 44.70 million cases being disposed of by the District Courts in 2023.
Chandrachud said, "These figures show how much faith the people of India have in their judiciary. Our judiciary works on the mantra that no case is small or big.Every aggrieved person who comes to the doorstep of the judiciary has the right to a fair redress,” he said.
"In addressing these complaints, the courts in India perform their clear constitutional duty. The breadth of our jurisdiction was designed to ensure broad access to justice. But with emerging forms of dispute, of course every case must be heard by the court There is no need to find solutions before solutions like mediation and arbitration are gaining acceptance,” he said.
Speaking in the Supreme Court of the United Kingdom, Chandrachud said that now is the time that countries like India should come forward to create and promote a culture of commercial arbitration and strong institutionalization of arbitration will further enhance the culture of arbitration in the country. Global South.
He said arbitration is an alternative method of dispute resolution and is no longer an "alternative" but the preferred method of obtaining commercial justice.
"In recent years, institutions such as the India International Arbitration Center and the Mumbai and Delhi International Arbitration Center have been set up and a steady flow of arbitration cases is being witnessed," the CJI said.
“But building institutions is not enough.We must ensure that these new institutions are not controlled by self-serving cliques. These institutions must be based on a foundation of strong professionalism and the ability to generate consistent mediation processes,” he added.
The CJI said that transparency and accountability, the values by which the work of traditional courts is evaluated and criticized, cannot be separated from the world of arbitration.
“The arbitration institutions are uniquely positioned to collaborate with other arbitral institutions around the world to adopt international best practices and procedures.This will lead to global convergence of arbitration processes, creating more uniform institutional rules and structures. I am hopeful that Indian arbitral institutions will emulate the success of their global counterparts in the years to come,” he said.
Reiterating that replacement of courts should not result in the creation of opaque structures, Chandrachud said the plea for bringing greater diversity into the world of arbitration is based on the conviction that bringing diversity of viewpoints into the world of arbitration is important, be it in terms of gender. Be in. Or will a broad-based process emerge from the Global South?Emphasizing the role of technology in the arbitration process, the CJI said that technology plays a major role in how arbitration proceedings are conducted and provides cost-effective and time-effective solutions.
The CJI said, "You have instances where one party is based in Delhi, the other in Bengaluru, while the arbitrators are in London, Mumbai and Singapore. Technology provides digital environment that allows them to participate virtually in the arbitral proceedings "
He said, “Like law courts, COVID-19 provided an impetus to modernize the arbitration process. Similarly, the world of arbitration also impacted the procedures adopted by courts.,
Chandrachud said the adoption of technology at all levels of arbitration proceedings will make arbitration proceedings more efficient and importantly more accessible.
“Technology and artificial intelligence enhance the value of services provided by arbitral institutions in matters such as reviewing documents or writing proceedings,” he said.
The CJI said the courts in India are overburdened despite 2.15 million cases being disposed of by the High Courts and 44.70 million cases being disposed of by the District Courts in 2023.
Chandrachud said, "These figures show how much faith the people of India have in their judiciary. Our judiciary works on the mantra that no case is small or big.Every aggrieved person who comes to the doorstep of the judiciary has the right to a fair redress,” he said.
"In addressing these complaints, the courts in India perform their clear constitutional duty. The breadth of our jurisdiction was designed to ensure broad access to justice. But with emerging forms of dispute, of course every case must be heard by the court There is no need to find solutions before solutions like mediation and arbitration are gaining acceptance,” he said.
