The Vice-President, Shri Jagdeep Dhankhar, has emphasized the need for reform in the Indian arbitration system. Echoing the concerns raised by Chief Justice Shri Chandrachud, who described the current state of arbitration in the country as an “old boys’ club,” the Vice-President highlighted the excessive control over arbitration by former judges. He believes that while individuals may struggle to bring about systemic change, institutions have the strength to address such challenges.

The Role of Institutions in Fostering Meaningful Reform

The Vice-President stressed the pivotal role of institutions in fostering meaningful reform. He noted that institutions embody the collective wisdom of their respective domains and have the power to drive significant change. Speaking at the inauguration of the SILF building, Shri Dhankhar described the Indian arbitration process as arduous. He expressed his disapproval of using arbitration as an additional tier in the conventional litigation ladder, highlighting the complexity of the process.

Streamlining the Arbitration Process for Enhanced Efficiency

Shri Dhankhar called for the streamlining of the arbitration process to enhance efficiency. He mentioned the common practice of award, objection to award, appeals, invocation of Article 136 of the Constitution, and the subsequent review and curative petitions. This process has become the norm, and the Vice-President believes that it is essential to simplify and streamline it. He called on the industry, legal fraternity, and all other stakeholders in arbitration dispute resolution to work together to ensure that the process is efficient and aligned with the country’s legal regime.

The Vice-President believes that India has all the necessary ingredients to emerge as a global arbitration hub. He referred to the three new laws – the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Act – which have unshackled the Indian criminal justice system from its colonial legacy. These laws focus on justice rather than punishment, transitioning from “danda vidhan” to “nyay vidhan.”

Shri Dhankhar also expressed his concern over the limited active engagement of eminent lawyers in the Rajya Sabha. He underscored the importance of their contribution to enriching constitutional discussions on this esteemed platform. Highlighting the critical importance of a robust dispute resolution mechanism, the Vice-President stated that it nurtures harmony and contributes to the blossoming of the economy and democratic values. He emphasized that disputing parties should not view the arbitration process as an opportunity to become enemies but rather as a means to resolve disputes amicably.