'Litigation Costly, Tedious & Time-Consuming' : CJI Ramana Encourages Arbitration & Mediation

Emphasising the importance of arbitration, mediation and conciliation in the resolution of disputes, Chief Justice of India NV Ramana on Friday said that the proposed International Arbitration and Mediation Centre in Hyderabad will have efficient administration to resolve the dispute with technically expert members; this would not only help the investors abroad but also those in India settling their disputes in the shortest possible time. "It is having efficient administration for resolution of the dispute with technically expert members. There are clear rules. The quality of Arbitrators is excellent and everyone should participate. It'll be supervised by senior eminent people and we will shortly also include some more trustees in the Trust Board. This is the reason why we all should participate in this Arbitration movement to enable us to dissolve the dispute and strengthen the judiciary. This is not a centre where usually we'll decide International Arbitration only. It'll also decide Domestic Arbitration and dispute between local investors also," CJI NV Ramana said. CJI NV Ramana was speaking at the occasion of a function organised at the residence of Chief justice of Telangana High Court Justice Hima Kohli where a Trust Deed was registered for the International Arbitration and Mediation Centre, Hyderabad. The event was attended by Supreme Court judges Justice L Nageshwar Rao, Justice R Subhash Reddy, former Supreme Court judge Justice RV Raveendran, Chief Justice of Telangana High Court Justice Hima Kohli, Allola Indrakaran Reddy, Minister Forest and Environment and S & T, Endowments and Law and Taraka Rama Rao, Minister of MA & MD, Industries & Commerce, ITE & C. CJI thanked the Chief Minister of Telangana K Chandrashekar Rao and Chief Justice of Telangana High Court Justice Hima Kohli and other officials who made his dream come true within a period of three months of him assuming the office of the Chief Justice of India. CJI, in his address, recalled proposing CJ Hima Kohli to set up an International Arbitration Centre at Hyderabad and that within no time the Chief Justice responded by sending a detailed letter indicating the need for setting up an International Arbitration Centre. "In the month of June sometime, I came to Hyderabad after taking oath as Chief Justice of India. I mentioned to the Chief Justice as to why don't you consider the proposal of setting up an International Arbitration Centre at Hyderabad. Within no time he responded and sent a detailed letter indicating the need for an International Arbitration Centre on 30th June, 2021 and thereafter he sent his team of officers, Chief Secretary as well as Ms Rajesh Ranjan and Finance Secretary to Delhi and we had twice a meeting," CJI added. While requesting the Government of Telangana to have an independent building for the institution, Chief Justice of India NV Ramana said that, "Initially, in 2003, I was a judge of this Court and there was a function at NALSAR, and at that time Chandrababu Naidu was a Chief Minister. Justice B Sudarshan Reddy requested the govt of AP to give some 10 acres of land for setting up International Arbitration Centre. Justice VN Khare was the Chief Justice at that time and immediately the CM responded and he had given 10 acres of land next to NALSAR & 25 crores of money. Unfortunately, there was a problem in the system of judiciary, it couldn't be materialised. 10 acres of land is still with HC & now we're going very fast & I request the Govt of Telangana so at least we can have an independent building for this institution." In his address, CJI also emphasised the fact that although the foreign investors in India were ready to invest but were afraid of litigation. "All the Foreign Investors requested only one thing. They said that they were ready to invest but were afraid of litigation. How many years the litigation takes place in India, we don't know. We wre buying both properties and litigation, and they were very reluctant. At that time, the PM initiated a new law, Arbitration and Conciliation Act, 1996 came into force and thereafter momentum started for Arbitration, Conciliation. The reason is industries and investors don't want litigation but the ease of doing business. In case by any chance, they get themselves involved in litigation, they want it to be resolved easily, amicably and without any time lag so that their investment is saved," CJI said. He also gave an example when in 2015, he along with Justice TS Thakur and Justice Dave represented India as delegates in Japan and Korea where the Industrialists had raised concerns about the long time involved in litigation and that they had assured them about the expeditious resolution of disputes due to Arbitration and Mediation. "I'll give an example: in 2015, the Govt of India sent a delegation (Justice TS Thakur,me & Justice Dave) to Japan and Korea. We travelled ...

'Litigation Costly, Tedious & Time-Consuming' : CJI Ramana Encourages Arbitration & Mediation

Shruti Kakkar

CJI NV Ramana was speaking at the occasion of a function organised at the residence of CJ Hima Kohli where a Trust Deed was registered for the proposed arbitration centre.

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