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.”
Chaos mars Lionel Messi’s Kolkata GOAT Tour event as fans protest poor arrangements
Lionel Messi’s brief appearance in Kolkata was overshadowed by chaos as fans alleged mismanagement, prompting an apology and an official enquiry by the state government.
Lionel Messi’s much-anticipated appearance in Kolkata turned chaotic on Saturday after thousands of fans alleged mismanagement at the Yuva Bharati Krirangan, leaving many unable to even see the Argentine football icon despite holding high-priced tickets
Fans express anger over limited access
The Kolkata leg of the G.O.A.T. Tour was billed as a special moment for Indian football fans, with ticket prices ranging between Rs 5,000 and Rs 25,000. However, discontent grew rapidly inside the stadium as several attendees claimed their view of Messi was obstructed by security personnel and invited guests positioned close to him.
As frustration mounted, some fans resorted to throwing chairs and bottles from the stands, forcing organisers to intervene and cut the programme short.
Event cut short amid disorder
Messi reached the venue around 11:15 am and remained there for roughly 20 minutes. He was expected to take a full lap of the stadium, but that plan was abandoned as the situation deteriorated soon after he emerged from the tunnel.
The disorder also meant that prominent personalities, including actor Shah Rukh Khan, former India cricket captain Sourav Ganguly and West Bengal Chief Minister Mamata Banerjee, could not participate in the programme as scheduled.
Organisers whisk Messi away
With fans breaching security and some vandalising canopies set up at the Salt Lake Stadium, the organisers, along with security personnel, escorted Messi out of the venue to prevent further escalation.
Several attendees described the event as poorly organised, with some fans calling it an “absolute disgrace” and blaming mismanagement for spoiling what was meant to be a celebratory occasion.
Mamata Banerjee apologises, orders enquiry
Chief Minister Mamata Banerjee later issued a public apology to Messi and the fans, expressing shock over the mismanagement. She announced the formation of an enquiry committee headed by retired Justice Ashim Kumar Ray, with senior state officials as members.
The committee has been tasked with conducting a detailed probe, fixing responsibility and suggesting steps to ensure such incidents are not repeated in the future.
Delhi enforces new law to regulate fees in private schools
Delhi has notified a new law to regulate private school fees, capping charges, banning capitation fees and mandating transparent, committee-approved fee structures.
The Delhi government has officially brought into force a new law aimed at regulating fees in private schools, notifying the Delhi School Education (Transparency in Fixation and Regulation of Fee) Act, 2025. The notification was issued on Wednesday, nearly four months after the Bill was cleared by the Delhi Assembly and received approval from Lieutenant Governor V K Saxena.
The Act establishes a comprehensive framework to govern how private unaided schools fix and collect fees, with a clear emphasis on transparency, accountability and relief for parents facing repeated fee hikes.
What the new Act provides for
Under the legislation, private unaided recognised schools can charge fees only under clearly defined heads such as registration, admission, tuition, annual charges and development fees. The law caps registration fees at Rs 25, admission charges at Rs 200 and caution money at Rs 500, which must be refunded with interest. Development fees have been restricted to a maximum of 10 per cent of the annual tuition fee.
Schools have also been directed to disclose all fee components in detail and maintain separate accounts for each category. Any fee not specifically permitted under the Act will be treated as an unjustified demand.
The law strictly prohibits the collection of capitation fees, whether direct or indirect. It further mandates that user-based service charges must be collected strictly on a no-profit, no-loss basis and only from students who actually use the service.
Accounting norms and restrictions on surplus funds
To ensure financial transparency, schools are required to follow prescribed accounting standards, maintain fixed asset registers and make proper provisions for employee benefits. The transfer of funds collected from students to any other legal entity, including a school’s managing society or trust, has been barred.
Any surplus generated must either be refunded to parents or adjusted against future fees, according to the notification.
Protection for students and parents
The Act also places restrictions on punitive action by schools in fee-related matters. Schools are prohibited from withholding results, striking off names or denying entry to classrooms due to unpaid or delayed fees.
The law applies uniformly to all private unaided schools in Delhi, including minority institutions and schools not built on government-allotted land.
School-level committees to approve fees
A key feature of the legislation is the mandatory formation of a School-Level Fee Regulation Committee by July 15 each year. The committee will include five parents selected through a draw of lots from the parent-teacher association, with compulsory representation of women and members from Scheduled Castes, Scheduled Tribes and socially and educationally backward classes.
A representative from the Directorate of Education will also be part of the panel, while the chairperson will be from the school management.
Schools must submit their proposed fee structure to the committee by July 31. The committee can approve or reduce the proposed fees but cannot increase them. Once finalised, the fee structure will remain fixed for three academic years.
The approved fees must be displayed prominently on the school notice board in Hindi, English and the medium of instruction, and uploaded on the school website wherever applicable.
The Delhi government had earlier described the legislation as a significant step towards curbing arbitrary fee hikes after widespread complaints from parents at the start of the academic session.
Residents across Delhi and adjoining areas woke up to dense smog on Saturday morning, with air quality levels edging close to the ‘severe’ category in several locations
Data from the Central Pollution Control Board showed the overall Air Quality Index (AQI) at 390 at 8 am, placing it in the ‘very poor’ category. However, multiple monitoring stations in the national capital recorded AQI readings in the ‘severe’ range.
Areas reporting severe air quality included Anand Vihar (435), Ghazipur (435), Jahangirpuri (442), Rohini (436), Chandni Chowk (419), Burari Crossing (415), and RK Puram (404). The high pollution levels were accompanied by a mix of smog and shallow fog, which reduced visibility in several parts of the city during the early hours.
Smog reduces visibility, health risks rise
As per AQI classification, readings between 401 and 500 fall under the ‘severe’ category, indicating serious health risks. Officials note that prolonged exposure at such levels can trigger respiratory problems even among healthy individuals, while those with existing conditions face higher risks.
Dangerous pollution levels have become a recurring concern in Delhi during the winter months. On Friday as well, a thick haze covered the city, with the overall AQI recorded at 386 and visibility remaining poor in several localities.
Delhi airport activates low visibility procedures
Amid the deteriorating air quality, Delhi airport issued an advisory stating that low visibility procedures were in place. In a post on X, the airport confirmed that flight operations were normal at present but advised passengers to stay in touch with their respective airlines for the latest updates.
Despite some marginal improvement over recent weeks, large parts of the capital continue to remain under a blanket of toxic smog. The worsening situation has also intensified political sparring over pollution control measures in the city.
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