Should We Change Our Mindset to Embrace Arbitration?
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Synopsis
In a call for transformation, Rajiv Mani, Secretary of the Ministry of Law and Justice, advocates for exploring arbitration as a vital alternative to traditional litigation. This shift is essential for fostering a more effective dispute resolution framework in India.
Key Takeaways
- Shift in Mindset: Emphasizing the need for a change in approach towards dispute resolution.
- Arbitration Advocacy: Highlighting the importance of arbitration beyond traditional litigation.
- Constitutional Insights: Noting historical preferences for arbitration by the Constitution makers.
- Need for Support: Recognizing the necessity for a supportive ecosystem for arbitration professionals.
- Institutional Framework: Advocating for institutional arbitration to ensure efficacy and structure.
New Delhi, Oct 14 (NationPress) Rajiv Mani, the Secretary of the Legislative Department at the Ministry of Law and Justice, urged a significant shift in the philosophy, approach, and mindset of individuals to consider alternative methods of dispute resolution such as arbitration, as stated by an official on Tuesday.
During the closing session of the inaugural cohort of the Indian Institute of Corporate Affairs (IICA) Certified Arbitration Programme (ICAP), Mani highlighted the critical role of arbitration as a viable option for resolving disputes, in contrast to conventional court litigation.
He pointed out that the framers of the Constitution favored arbitration in specific instances during the transitional phase of India’s constitutional history, which is often overlooked.
The valedictory event for the first batch took place on October 12 at the IICA Campus in Manesar. This significant gathering was organized by the Centre of Excellence in Alternative Dispute Resolution (CEADR) under the Ministry of Corporate Affairs.
The initiative aimed to cultivate a new generation of global arbitration experts.
Previously, P.K. Malhotra, the former law secretary, recognized the capabilities and vast potential of arbitration practitioners in India; however, he expressed concerns regarding the absence of an adequate supporting ecosystem.
He also highlighted the necessity for the establishment of the Arbitration Council of India to implement necessary changes for its effective operation.
The two-day Campus Immersion and Valedictory Session commenced with an inaugural speech by Justice Hemant Gupta, Chairperson of the IIAC, on October 11.
In his keynote address, Justice Gupta praised IICA’s efforts in enhancing the arbitration framework in India.
Furthermore, considering India’s economic progress, he stressed the importance of developing a strong alternative dispute resolution system to boost investor confidence.
He also underscored the need for institutional arbitration to ensure the organized and efficient conduct of arbitral processes in India.
Gyaneshwar Kumar Singh, Director-General & CEO of IICA, shared insights from various studies on arbitration and emphasized the importance of standardizing the arbitration landscape through institutional frameworks in India.
He also addressed concerns regarding the enforcement of arbitral awards and proposed strategies to alleviate these challenges.
Point of View
I believe that adopting a new perspective towards arbitration in India is crucial. The emphasis on alternative dispute resolution reflects a growing recognition of its potential to alleviate the burdens on our traditional court system. By fostering an environment where arbitration is prioritized, we can create a more efficient and effective legal ecosystem, ultimately benefiting all stakeholders involved.
NationPress
14/10/2025
Frequently Asked Questions
What is the importance of arbitration in dispute resolution?
Arbitration serves as a vital alternative to traditional litigation, providing a structured, efficient, and often faster mechanism for resolving disputes.
Why is a change in mindset necessary for arbitration?
A shift in mindset is essential to encourage individuals and businesses to consider arbitration as a legitimate and effective means of resolving conflicts, thus alleviating the pressure on courts.
What role does the Arbitration Council of India play?
The Arbitration Council of India is tasked with enhancing the effectiveness of arbitration in the country by implementing necessary reforms and establishing standards.
How does institutional arbitration differ from ad-hoc arbitration?
Institutional arbitration follows established rules and procedures set by an institution, whereas ad-hoc arbitration is more flexible and can be tailored by the parties involved.
What are the challenges in enforcing arbitral awards in India?
Challenges include legal ambiguities, varying interpretations of laws, and the lack of a supportive ecosystem for arbitration, which need to be addressed for effective enforcement.
