New Delhi: Vice-President Jagdeep Dhankhar Monday underlined the need for reforming the Indian Arbitration system. Echoing Chief Justice Chandrachud’s concerns who had described the current state of arbitration in the country as an “Old Boys’ Club” due to excessive control over it by former judges, the Vice-President emphasized that while individuals may struggle to bring about systemic change, institutions are spinally strong to address such challenges.
He stressed the pivotal role of institutions in fostering meaningful reform and noted that they embody the collective wisdom of their respective domains.
Addressing the gathering after the inauguration of the SILF building on Monday, Dhankhar described the Indian arbitration process as an ‘arduous’ one. Expressing his disapproval of using arbitration as “an additional tier in the conventional litigation ladder,” the VP highlighted that the process has become very complex.
“Award (by arbitration court), objection to award, appeals, and then invocation of Article 136 of the constitution… followed by review and Curative petitions,” has become the norm, he said while stressing the need for streamlining to enhance efficiency.
The Vice President called on industry, legal fraternity and all other stakeholders in arbitration dispute resolution to work in unison to ensure the same is in the country and as per our legal regime. “India has everything that needs to for the emergence of a global arbitration hub”, he added.
Referring to the three new laws – the Bharatiya Nyay Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Act, VP said that these have unshackled the Indian criminal justice system from its colonial legacy while keeping the focus on justice rather than punishment, traversing from ‘Danda Vidhan’ to “Nyay Vidhan’.
He further expressed his anguish over the fact that there are many eminent lawyers in Rajya Sabha, but their active engagement in the proceedings of the house is highly limited. He underscored the importance of their contribution to enriching constitutional discussions on this esteemed platform.
Highlighting the critical importance of dispute resolution mechanisms, Dhankhar stated that credible and robust dispute resolution mechanism nurtures harmony and contributes to the blossoming of the economy and democratic values. “Disputing parties should not walk out of the arbitration process as enemies,” he stressed.
