A NEW ERA OF ARBITRATION IN INDIA
Author: ShivangiKumari, II year of B.B.A.,LL.B. from Galgotias University
Considering the fact that Indian courts now carry a burden that is outside their apparent ability to handle, there is now a humongous backlog of cases. In Indian courts, there are several cases filed and they are being dragged many years after that also many cases don't get judged. This is only because of the less no of ratio of Judges in our country. So after getting this point a new resolution started named ALTERNATIVE DISPUTES RESOLUTION.
ADR is a method of resolving the dispute outside of the official judicial mechanism and its order has the same value to the judgement of the court. ARBITRATION is one of the types of Arbitration. One of the most important parts of Arbitration is that it believes in sorting the subject and it saves our money and time also rather than confrontation in courts.
The term arbitration has not been defined in any statute. Thus, the meaning of arbitration has to be ascertained from legal dictionaries, works of eminent jurists and judicial pronouncements under different jurisprudence. One of the earliest definitions of the term ‘arbitration’ can be found in the judgement of Collins V/s. Collins where Justice John Romilly defined arbitration as “a reference to the decision of one or more persons, either with or without an umpire, of some matter or matters in difference between the parties”. Halsbury’s Law of England defines ‘arbitration’ as “reference of a dispute or difference between not less than two parties for determination, after judicially hearing both sides, by a person or persons other than a court of competent jurisdiction”. Similarly in Black’s Law Dictionary, ‘arbitration’ is defined as “An arrangement for taking and abiding by the judgment of selected persons in some disputed matter, instead of carrying to established tribunals of justice, and is intended to avoid the formalities, the delay, the expense and vexation of ordinary litigation”
For the growth of ADR in India is to have a great panel of judges in which we add the foreign jurists also who have all the qualifications, experiences which we mention for the judges and the footing to be appointed. For setting a uniform standard permitted to the arbitrator. further, to constitute a quality panel in case of a disagreement. The establishment of these is indispensable to provide friendly economic consumption. Whenever either between two Indians, two companies of India or the two international companies if there will be any contract there should be an arbitration agreement, made by two parties in this agreement if there may be any disputes between these two parties then they will solve their problem through arbitration. The importance of the arbitration/ mediation clause must be well-drafted, if this step is executed half of the problems are resolved just after the dispute.
One most important thing I want to mention is that India should give a chance to the foreign qualified lawyer and represent the parties to arbitration seated in India. Because if there will be any disputes between two countries at least we have the person of other countries who can solve the dispute through arbitration and we don't have to go to other countries for arbitration. If disputes will be resolved in our country itself it will result in less corrupt or those foreign organisations are driven to selfishness to exploit Indian ones, this is a reminder of a quote by George Bernard Shaw, who said: “When a man wants to murder a tiger, he calls it sport; when a tiger wants to murder him, he calls it ferocity.”
To improve from old arbitration we have to change during the proceedings by the counsel representing the parties can pose questions to the experts, in addition, experts can question each other. This saves time for litigation and the experts assist the courts in solving the disputes in the most effective way expeditiously.
If the above-stated methods come into force we are not much far from the day when India has excess no of cases reduced but India may go on to become a centre for arbitration and mediation. Where the judiciary, the independent organ of the government, helps its citizens with ease and in a cost-effective manner in overcoming the problem of less knowledge about Arbitration.