India’s courts are crippled by an alarming 5 crore+ pending cases, and a major tool for resolving disputes outside of courtrooms remains stuck in limbo: the Arbitration Council of India.
Awaiting Resolution
Chief Justice of India Surya Kant recently expressed his concerns about the slow pace of establishing the Arbitration Council, a crucial institution for promoting alternative dispute resolution in the country.
Arbitration, a process where a neutral third party resolves disputes between parties, is gaining traction globally as a more efficient and often less confrontational way of resolving disputes. In India, the Arbitration and Conciliation Act of 1996 has helped boost arbitration as an “ordinary justice route,” in the words of Justice Kant.
However, despite the law’s provisions, the Arbitration Council of India, which is meant to oversee and regulate arbitration in the country, remains an unfulfilled promise. The formation of this council, first proposed in 2010, has been stuck in bureaucratic red tape.
Consequences of Delay
The delay in forming the Arbitration Council sends a worrisome signal, especially when India’s courts are already struggling with an unprecedented number of pending cases. The country’s judicial system is clogged, and the courts are under immense pressure to resolve these disputes as quickly as possible.
Alternative dispute resolution (ADR) pathways like arbitration are essential in addressing this issue. By resolving disputes outside of courtrooms, ADR can not only reduce the burden on the judiciary but also provide faster and more cost-effective solutions to parties involved.
What This Means
The delay in forming the Arbitration Council is a stark reminder of the need for efficient and effective dispute resolution mechanisms in India. If the Parliament fails to pass a bill to establish the council soon, it will exacerbate the problem of pending cases in the courts, making it imperative to explore other alternatives.
The message from Justice Surya Kant is clear: India’s courts need all the help they can get to resolve the massive backlog of cases. The country should seize this opportunity to establish the Arbitration Council and harness the potential of alternative dispute resolution to provide faster and more effective justice to its citizens.
