New and emerging technologies will compel all political, social, economic, administrative systems including the medical sciences to adapt and change – and the judicial system will equally be transformed, said former Chief Justice of the Supreme Court of India Justice MN Venkatachaliah. ‘Mediation’ will find the pride of place in the transformed situation as a human tool to allay injustice and promote harmony, he said.
Delivering the inaugural address at the Legal Leadership Conclave organised by India Legal and ENC group at Bangalore, Justice Venkatachaliah, the patron of the ENC Group, quoted Professor Frank Sanders to say that dispute resolution mechanism should take advantage of a variety of different processes which would, singly or in combination, provide cent percent more effective conflict resolution.
In this context he referred to the humungous task of administering justice in a country like India with plethora of cases. “There are 34 million cases in the 22600 courts in India. Ten percent of that, about 3.4 million are in High Courts and about 60,000 in the Supreme Court. Those in authority must shed the traditional illusion of omniscience and seek help from system’s experts. So far, solutions have become banal by reason of stereotyped speculation,” he said.
He argued that Arbitration and mediation must become the new ‘Mantra’ for judicial salvation. Lawyers must become private-sector judges before the case escalates to the public-sector courts. There is an eminent panel of great legal merits discussing these problems. “We will all benefit from listening to them at this conclave. I am honoured to be invited to inaugurate this Conclave which I do with pleasure. I am grateful to Ms Rajshri Rai of the APN for her gracious courtesy,” he said in conclusion.
Arbitration and Mediation Are Cost Effective Ways of Dispute Resolution: PK Malhotra
Former union law secretary PK Malhotra, delivering the welcome address, said that the process of arbitration, conciliation and mediation has become cost-effective medium of resolving disputes and the recent amendments to the Arbitration and Conciliation Act, 2015 have been responsible for making possible this process involving minimal court intervention. .
He however conceded that there are still many difficulties in implementing the arbitration, conciliation and mediation mechanism in India.
With growing international trade and agreements, and international arbitration growing manifold, one of the areas of concern is that parties with international jurisdiction are reluctant to subject themselves to international jurisdiction of other countries. To develop this in India and make India an international arbitration hub, it is important create confidence among parties about the country’s legal framework containing internationally acceptable mechanisms, he said
The one-day conclave is being attended by legal luminaries from across the country and include former chief justices and justices from Supreme Court and High Courts apart from senior lawyers and others associated with the legal profession.
Also Read: Legal Leadership Conclave on Challenges and Future of Arbitration begins in Bangalore
Inderjit Badhwar, Editor-in-Chief, India Legal moved the Vote of Thanks, expressing gratitude to all the honoured guests, starting with former Chief Justice of India Justice MN Venkatachaliah, for lighting up the conclave with their presence.
He said he has “over abundance” of praise for the former CJI for being a far sighted man, ability to tie up the idea of digital dictatorship and digital divide, and expounding on how mediation fits in to the scheme of humanitarian way of access to justice which was a lesson everyone present could learn from him.
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