Panel Set Up to Recommend Reforms in Arbitration Law

June 17, 2023

The Indian government has formed an expert panel with the aim of establishing India as an international arbitration hub. The panel, set up by the Union law ministry, aims to recommend reforms in the Arbitration and Conciliation Act.

Leadership and Members

T K Vishwanathan, a highly experienced former law secretary, is leading the expert panel. Additionally, N Venkataramani, the Attorney General of India, plays a crucial role as a member of the committee. Another key member is Rajiv Mani, serving as the Law Ministry’s additional secretary. The panel also includes senior advocates, representatives from private law firms, and officials from various departments such as the Legislative Department, Niti Aayog, National Highways Authority of India (NHAI), railways, and Central Public Works Department (CPWD).

Objective: Reducing Burden on Courts

The primary objective of the expert panel is to recommend reforms in the Arbitration and Conciliation Act to alleviate the burden on courts. By strengthening the arbitration ecosystem, the panel aims to encourage parties to opt for private dispute resolution instead of approaching courts. This shift can expedite the resolution process and ease the strain on the judicial system.

Devising an Efficient and Economical Model

The committee has been entrusted with the task of devising a framework for a model arbitration system. This system aims to be efficient, effective, and economical, catering to the needs of the users. The objective is to streamline arbitration procedures, making them more user-friendly, cost-effective, and time-bound. This would enhance access to justice and promote confidence in the arbitration process.

Binding Decisions and Dispute Resolution

In arbitration, the decisions made by the arbitrators are binding. This approach provides parties with a more flexible and tailored resolution process compared to the traditional court system. By emphasizing arbitration as a preferred method of dispute resolution, the panel aims to reduce the burden on courts and expedite the resolution of disputes.

Strengthening Dispute Resolution Environment

The Department of Legal Affairs, responsible for the establishment of the expert panel, is taking various steps to strengthen the dispute resolution environment in India. By promoting ease of doing business and enacting timely reforms, the department aims to create a favorable climate for domestic and international stakeholders.

Minimizing Court Intervention and Enhancing Efficiency

The primary goal of reforming the Arbitration and Conciliation Act is to minimize court intervention. By making arbitration a party-driven process with cost-effective and time-bound resolutions, the panel seeks to enhance efficiency and reduce the reliance on traditional court litigation. This approach aligns with the global trend of promoting alternative dispute resolution mechanisms.

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