Key Points

India's Law and Justice Ministry is pushing for a transformative approach to dispute resolution through arbitration. Officials are highlighting the potential of alternative dispute resolution methods beyond traditional court systems. The Indian Institute of Corporate Affairs is playing a crucial role in developing skilled arbitration professionals. These efforts aim to create a more efficient, investor-friendly legal ecosystem in India.

Key Points: Rajiv Mani Urges Shift to Arbitration for Dispute Resolution

  • Arbitration offers efficient alternative to traditional court litigation
  • IICA launches program to develop next-generation arbitration professionals
  • Justice Gupta highlights need for robust dispute resolution system
  • Experts emphasize importance of institutional arbitration frameworks
2 min read

Need to change mindset, explore arbitration: Law and Justice Ministry official

Law Ministry official calls for mindset change, explores alternative dispute resolution methods to transform India's legal landscape

"We need to change the philosophy and approach towards dispute resolution - Rajiv Mani, Law and Justice Ministry"

New Delhi, Oct 14

Secretary (Legislative Department), Ministry of Law and Justice, Rajiv Mani, called for a change in the philosophy, approach and mindset of people to explore other modes of dispute resolution such as arbitration, an official said on Tuesday.

Speaking at the valedictory session of the first batch of the Indian Institute of Corporate Affairs (IICA) Certified Arbitration Programme (ICAP), Mani emphasised the importance of arbitration as a mode of dispute resolution, apart from traditional court litigation.

He referred to the lesser-known facts about arbitration being preferred by the Constitution makers in certain matters during the transitional period of Indian constitutional history.

The valedictory session of the first batch concluded on October 12 at the IICA Campus, Manesar. The event was organised by the Centre of Excellence in Alternative Dispute Resolution (CEADR) of the Indian Institute of Corporate Affairs, Ministry of Corporate Affairs.

The programme aimed at creating a pool of the next generation of global arbitration professionals.

Earlier, P.K. Malhotra, former law secretary, in his address, acknowledged the competence and immense potential of the arbitration professionals in India; however, he raised concerns over the lack of a supporting ecosystem.

He also emphasised the importance of the establishment of the Arbitration Council of India with such changes as may be necessary for its effective functioning.

The two-day Campus Immersion and Valedictory Session were inaugurated by Justice Hemant Gupta, Chairperson, IIAC, on October 11.

Delivering his Keynote Address, Justice Gupta commended the efforts of IICA in contributing to the strengthening of the arbitration ecosystem in India.

Moreover, in light of India's economic growth, Justice Gupta emphasised the need to create a robust alternative dispute resolution system to foster investor confidence.

He also stressed the need for institutional arbitration for ensuring structured and efficacious conduct of arbitral proceedings in India.

Gyaneshwar Kumar Singh, Director-General & CEO, IICA, informed about various studies conducted in arbitration and highlighted the need to standardise the arbitration landscape through institutional arbitration in India.

He also discussed issues relating to the enforceability of arbitral awards, along with ways to mitigate such issues.

- IANS

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Reader Comments

R
Rohit P
Finally some forward thinking! I've been stuck in a legal case for 5 years now. Arbitration could have saved me so much time and money. We need this mindset change urgently.
M
Michael C
As someone working in international business, I can confirm that robust arbitration systems are crucial for attracting foreign investment. Good to see India moving in this direction.
A
Aditya G
While I appreciate the initiative, I'm concerned about implementation. We've had arbitration laws for years but enforcement remains weak. Hope the Arbitration Council of India addresses this properly.
S
Shreya B
This is excellent for young law graduates! More career opportunities in arbitration field. The IICA program sounds promising for creating skilled professionals 💼
K
Karthik V
The point about Constitution makers preferring arbitration is interesting. Shows this isn't a new concept but we lost our way somewhere. Time to rediscover these traditional wisdom approaches.

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