The need for autonomy of Arbitration and Mediation process and keep it free from interference or intervention by state and judiciary was stressed upon by judges and lawyers who spoke in the first technical session of the Legal Leadership Conclave on Challenges and Future of Arbitration and Mediation in India organised in Bengaluru by India Legal magazine and ENC group.
The session was chaired by former Chief Justice of India, Justice TS Thakur and co-chaired by former Supreme Court judge Justice M Shivraj Patil.
Speaking at the session, former Supreme Court judge, Justice BN Srikrishna talked about “Challenges and Reforms in Indian Arbitration and Mediation System – Way Forward”. He emphasized on the need for arbitration process to have autonomy.
The lesser the interference by the state authorities the better is the spirit of Arbitration, he said. “Unfortunately in this country arbitration scenario is dominated by judges,” said Justice Srikrishna. The council should be independent in the sense it should not be dominated by any court or judge.
Mediation and Arbitration are the ideas whose time has come. Now if ultimately all resolution of dispute happens as result of Artificial Intelligence, the only place where natural intelligence can play is the human touch which is why arbitration must be as informal as possible.
AS Uday Holla, former Advocate General of Karnataka, spoke on Global trends in institutional arbitration and what are the challenges.
Arguing against judicial intervention in arbitration, he said, “Why do people go to Singapore Arbitration centre or Paris? It is because the judicial interventions are very meager and very less.”
“It is in this context that the chairman very rightly said, there is a need of change of mindset among the judges. Yes there are cases where arbitral awards are absolutely bad but then not in every case can the arbitral awards be set aside,” he said.
He spoke of the need to adapt to new technology and said Arbitration is a process where technology can be used more abundantly than in courts.
Observing that ultimately the need of the hour is justice at the earliest, he said “it is this context that arbitration is a forum which all of us think is the most efficient and most time efficient forum for dispensation of justice.”
Justice Alok Aradhe, speaking on Challenges to Arbitral awards – Commercial courts and need for Training of judges, pointed out the cost of commercial dispute resolution has gone down from Rs 10 lakhs to 3 lakhs.
He said arbitration jurisdictions like Singapore and Stockholm are most successful because of sufficient support from the government and a skilled panel of arbitrators, besides the time-bound approach in the dispute resolution process.
Speaking about growing trend towards mediation and arbitration, Justice Aradhe said it has been seen lately that parties directly approach arbitration centres. He said It is a positive outcome as it reduces case overload in the judiciary besides the individual dispute getting resolved amicably.
He said Mumbai’s international arbitration centre opened in July and a lot is hoped to be achieved through it.
He also had a word about courts intervention in arbitration process, sayinh, “Judges must consider the adverse implication of modifying or interfering with an arbitral award as it plays into the ethos of the ADR mechanism. Our country should be in sync with global standards. Arbitral awards thus should be upheld with the same sanctity as a judgment from the courts.”
Justice V Jagannathan, speaking about Arbitration as an effective tool for ADR process , pointed to the massive pendency of cases in judiciary. “According to National Judicial date published recently, 3 crore cases are pending in India and 65 lakh cases pending in the last 5 years. If this trend continues, the system itself will collapse like building collapsed in flood recently in Uttarkhand,” he said.
To address the issue, arbitration as the means for alternative dispute resolution has come as a boon for the people of India and particularly for investors who want to make investment and make India economically very strong.
He stated some reasons why the Arbitration Act needs to be implemented forcefully:
Dependency and pressure on the courts are so much that the courts are unable to dispose cases within a short time. To address these pending cases and make people enjoy the fruit of their litigations, Arbitration consideration Act 1940 was modified and comprehensively made into 1996 Act which made many provisions to curtail the cost. As of now, 2019 Amendment Act was passed only on August 8. He said there are surely some loopholes in the act which needs to be changed.
If the country is to improve, all stake holders – lawyers, judges and arbitrators and all concerned will have to take serious steps to ensure people of the country get access to justice and justice is delivered in time.
“We have witnessed Industrial Revolution, green revolution in the country; we are now in for Arbitration Revolution. This conclave/ conference should be the beginning of Arbitration Revolution to alter judicial scenario of the country and let people enjoy the fruits of going to courts and let foreign investors come to India – make India a Hub of Arbitration,” said Justice Jagannathan.
Avinash Ambale, an expert on Artificial Intelligence, spoke about Use of Artificial Intelligence in conflict Resolution. He pointed out that Artificial Intelligence (AI) does not understand language. It understands codes. AI can do a semantic search, or a statistical analysis of words, much like the Google translate. In the legal system, AI can function through the LKIF(Legal Knowledge Interchange Format).
At present, he said there are gaps in data collation due to an absence of an exhaustive law lexicon, or a legal semantic dictionary that will tell the AI a single meaning attributed to each word. The AI can capture the literal meaning. “However, there is pre-eminence of content that has interpretative value which will be lost in translation to the AI system<” he pointed out. The single biggest thing lacking in AI is “adversarial inference”.
“AI presents a one-sided forward probability, but gets stumped if asked to judge between two opposing probabilities with opposing bulk of evidences and opposing bulk of arguments pitted against one another. That can be called the AI logic of tomorrow, as technology is continuously evolving to reach there,” he said.
AI today is capable of deriving causal inference, he said. Citing an instance of application of AI in legal process, he mentioned “Heneghan v Manchester Dry Docks” where all factors were presented to the courts in a fair trial process and to the AI to arrive at a judgment simultaneously. The compensation awarded was nearly the same and it speaks for AI’s efficiency in the judicial system, said Ambale.
However, he said in conclusion, “AIs are hyper-rational agents and “arbitration with a human touch” is something that AI hasn’t attained yet. Currently, AI is incapable of “equitable distribution to all” which an ADR forum intends to achieve. AI is completely data driven and can be fully relied upon for objective reasoning. A lot is still left for AI to achieve.”
Delhi deploys 25,000 personnel, installs CCTV cameras ahead of CJP march
More than 25,000 police and paramilitary personnel have been deployed in Delhi ahead of the CJP’s planned protest march at Connaught Place. Authorities have also imposed restrictions and stepped up CCTV surveillance.
Delhi has stepped up security ahead of a planned protest march by the Cockroach Janta Party (CJP), with more than 25,000 police and paramilitary personnel deployed and additional surveillance measures introduced in parts of the national capital.
The planned “Lehra Do Tiranga” march is scheduled to take place at Central Park in Connaught Place on Friday, October 16. Authorities have also imposed prohibitory orders in Connaught Place and surrounding areas as part of the security arrangements.
Security tightened across Connaught Place
The security arrangements include the deployment of police and paramilitary personnel, along with the installation of additional CCTV cameras at Central Park and Rajiv Chowk Metro Station.
Prohibitory orders have been imposed under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in Connaught Place and nearby areas. Central Park is also scheduled to remain closed for two days, with authorities advising the public to avoid the area during the arrangements.
A high-level meeting chaired by Delhi Police Commissioner Anurag Kumar, attended by senior police officers, was held on Thursday to review preparations ahead of the planned demonstration.
Why CJP is planning the march
The CJP has called the march to protest the arrest of its leaders Saurav Das and Ashutosh Ranka and to demand the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in voter rolls.
The party’s protest is centred on its allegations concerning the electoral roll revision process. These are the protesters’ claims and should not be treated as independently established findings.
With Jantar Mantar no longer designated as a protest site, Central Park in Connaught Place has emerged as the proposed location for the fresh demonstration. The protest has also received support from the Aam Aadmi Party and the All India Students’ Association, according to the report.
Traders raise concerns over business disruptions
The heightened security measures have also prompted concerns among traders in the area.
Traders at Palika Bazaar have expressed concern about disruptions during the festive season, pointing to losses associated with previous protests. The concerns reflect the potential impact of repeated demonstrations and security restrictions on commercial activity in central Delhi.
Delhi Police has said it will facilitate peaceful demonstrators selectively while maintaining public order and protecting property.
Mallikarjun Kharge’s ‘Your Friends’ jab at Rahul Gandhi over congress exits
Congress president Mallikarjun Kharge took a dig at Rahul Gandhi after the Leader of the Opposition reportedly described former party leaders Jyotiraditya Scindia and Ghulam Nabi Azad as among those who had left the Congress.
Congress president Mallikarjun Kharge made a pointed remark about former Congress leaders after Rahul Gandhi reportedly described some of those who left the party as people who had been driven by personal interests or fear. The exchange took place during an informal interaction involving young Congress workers, according to a report published on October 15.
Rahul Gandhi, the Leader of the Opposition in the Lok Sabha, reportedly referred to former Congress leaders Jyotiraditya Scindia and Ghulam Nabi Azad while discussing people who had left the party. Kharge responded with a quip that drew attention to Rahul Gandhi’s earlier association with the leaders.
What Rahul Gandhi said about leaders who left Congress
During the interaction, Rahul Gandhi reportedly said that the Congress was now left with committed workers, describing those who remained in the party as ‘babbar sher’ or lions. He alleged that people who were greedy or afraid had left, citing Scindia and Azad as examples.
His reported remarks referred to people who, he suggested, had left because of the attraction of positions and security or fear of investigative agencies such as the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI).
These were Rahul Gandhi’s political characterisations of the leaders who left the Congress, rather than independently established explanations for their departures.
Kharge’s response to Rahul Gandhi
Reacting to Rahul Gandhi’s account, Kharge remarked, “They were all your friends.”
The comment referred to the association Rahul Gandhi had previously shared with some of the leaders who later left the Congress. Rahul Gandhi responded by saying that his sister, Priyanka Gandhi Vadra, was present and knew that Scindia was not his friend.
He subsequently reflected on the difficulty of identifying friends and opponents in politics, saying that people who appear to be friends may not necessarily be so, and the reverse may also be true.
Why Jyotiraditya Scindia and Ghulam Nabi Azad were mentioned
Jyotiraditya Scindia left the Congress in 2020 and joined the Bharatiya Janata Party (BJP). His departure was followed by a political crisis in Madhya Pradesh that resulted in the fall of the Congress government led by Kamal Nath.
Ghulam Nabi Azad, a veteran Congress leader, resigned from the party in August 2022. In his resignation letter, he criticised Rahul Gandhi’s leadership and the functioning of the party’s internal decision-making process.
Both leaders subsequently became prominent examples in political discussions about senior figures leaving the Congress, although their reasons and circumstances differed.
Rahul Gandhi’s message to young Congress workers
The interaction also focused on protests and political mobilisation. Rahul Gandhi reportedly told young Congress workers that demonstrations and struggles were part of their political training and encouraged them to explore new and creative ways of protesting.
He also suggested holding protests at Jantar Mantar, according to the report.
Congress president Kharge and Priyanka Gandhi Vadra were present during the interaction. Rahul Gandhi also claimed that the government led by Prime Minister Narendra Modi was dependent on the next eight to 10 months, though the report did not establish this as an independently verified assessment.
The exchange between Kharge and Rahul Gandhi offered a glimpse into the Congress leadership’s informal discussions, while bringing the departures of Scindia and Azad back into the political conversation.
Delhi Police offers 11-person limit for CJP’s Connaught Place protest
Delhi Police has offered to facilitate a group of 11 people at Central Park in Connaught Place for the Cockroach Janata Party’s October 16 protest, while warning that violations of prohibitory orders could invite legal action.
Delhi Police has proposed allowing a group of 11 people to carry the national flag and sing the national anthem at Central Park in Connaught Place on October 16, ahead of a protest called by the Cockroach Janata Party (CJP) over alleged electoral fraud.
The police said it could facilitate the group at a suitable place in the park, while appealing to the public not to join the proposed gathering in large numbers. The offer comes amid prohibitory orders in Connaught Place and adjoining areas under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
CJP founder Abhijeet Dipke has called on people to assemble at Central Park at 5 pm on Friday with the national flag. The proposed demonstration, named “Lehra Do Tiranga”, follows the detention of CJP members Saurav Das and Ashutosh Ranka during an earlier protest.
Why Delhi Police proposed limiting the gathering
In its statement, Delhi Police cited the prevailing security and law-and-order situation in the area. It also referred to information from the New Delhi Municipal Council (NDMC) that Central Park would remain closed on October 16 and 17 for administrative reasons.
Deputy Commissioner of Police Neha Yadav said the NDMC had informed the police about the closure and had asked that no gathering be allowed near the park.
The police also cited representations from trader and market associations in Connaught Place and surrounding areas. According to the police, the associations had raised concerns about unlawful assemblies and their impact on businesses, particularly during the festive season.
Police warned that violations of Section 163 BNSS would invite appropriate legal action. It also stressed that the national flag must be displayed and carried, and the national anthem sung, in the prescribed manner with due respect and dignity.
Delhi High Court declines to stop CJP protest
The proposed gathering reached the Delhi High Court after a vendor sought intervention over concerns about disruption to businesses and public movement in Connaught Place.
On Thursday, the court declined to restrain the CJP from holding the protest. It recorded the police’s assurance that all possible measures under the law would be taken to regulate the gathering and maintain peace.
The petition was filed by a vendor at Palika Bazar in Connaught Place, who raised concerns about the potential impact of the demonstration on traders and others working in the area.
Additional Solicitor General Chetan Sharma, appearing for the authorities, told the court that steps had already been taken to regulate the proposed protest.
CJP’s protest call follows detention of party members
Dipke’s October 16 protest call follows earlier demonstrations over alleged electoral fraud. CJP members Saurav Das and Ashutosh Ranka are in jail on trespass charges after raising the national flag at Jantar Mantar earlier this week, according to the report.
The party has been protesting over alleged electoral fraud and has raised questions about the Election Commission.
Dipke has urged people to gather at Central Park with the national flag, arguing that raising the Tricolour should not be treated as a crime.
The police’s proposal to facilitate a group of 11 people came as the authorities sought to prevent a larger gathering at the site. The CJP’s response to the police’s offer was still awaited in the report published on October 15.
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