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Legal Leadership Conclave on Arbitration & Mediation: minimal state or judicial intervention needed

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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.

Also Read: Legal Leadership Conclave on Challenges and Future of Arbitration begins in Bangalore

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.Legal Leadership Conclave

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.

Also Read: Legal Leadership Conclave on Arbitration & Mediation: the need and the problems

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.

Also Read: Mediation will find pride of place as a tool to allay Injustice: Ex CJI Venkatachaliah

“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.”

India News

India Metro Rail Network May Overtake US in 2 Years

India’s metro rail network has reached 1,170 km across 26 cities. Union minister Manohar Lal said the country could overtake the US in network length within two years.

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Manohar Lal Khattar

India is on track to become the country with the second-largest metro rail network in the world after China, with Union Minister Manohar Lal saying the country could overtake the United States within the next two years.

India’s metro rail network has now expanded to 1,170 km across 26 cities. The network is only 216 km shorter than the US metro rail network, which stands at 1,386 km, according to figures cited by the minister.

India’s metro network expands rapidly

Speaking after the inauguration of an extended metro service in Indore, Manohar Lal highlighted the pace at which metro connectivity has grown in India.

He said metro services were operational across just 245 km in five cities when Prime Minister Narendra Modi assumed office in 2014. The network has since expanded to 1,170 km across 26 cities.

The minister said India could overtake the US in terms of metro rail network length in the next two years and become the world’s second-largest country in this segment after China.

China currently has around 8,000 km of metro rail lines, according to the figures cited by the minister.

Indore metro extension inaugurated

The minister made the remarks after inaugurating an extended section of the Indore metro. The project was built at a cost of around Rs 2,850 crore.

The Indore metro was earlier operating commercially on a six-km stretch between Gandhi Nagar and Super Corridor-3 stations. Following the extension, the service will operate on a 17-km route between Gandhi Nagar and Malviya Nagar Chauraha.

Madhya Pradesh Chief Minister Mohan Yadav said the metro service would mark a new phase in Indore’s development. He also said the network would eventually be extended to Ujjain and other nearby areas.

India’s metro rail network: Key figures

  • India currently has 1,170 km of operational metro rail network.
  • Metro services are operational across 26 cities.
  • The US has around 1,386 km of metro rail network.
  • India is currently 216 km behind the US.
  • China has around 8,000 km of metro rail lines.
  • India’s operational network stood at 245 km across five cities in 2014.

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India News

PM Modi returns to SRCC after 13 years, revisits 2013 glass full speech

PM Narendra Modi returned to SRCC after 13 years for its centenary celebrations, revisiting themes from his landmark 2013 address.

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PM Narendra Modi

Prime Minister Narendra Modi returned to Delhi University’s Shri Ram College of Commerce (SRCC) on Saturday, 13 years after his previous visit to the institution as Gujarat chief minister. 

His latest visit came as SRCC marked its centenary celebrations. Modi’s 2013 address at the college had attracted significant attention as he spoke about India’s youth, governance and the country’s demographic potential.

In 2013, Modi was Gujarat chief minister and had not yet been named the BJP’s prime ministerial candidate. He returned to the same campus this year as Prime Minister, having completed 12 years as Prime Minister and serving his third consecutive term. 

What PM Modi said at SRCC in 2013

The 2013 lecture was titled Emerging Business Models in the Global Scenario. The address also covered governance and India’s young population.

He described India’s youth as a source of national strength rather than simply a group of new-age voters. He also highlighted India’s demographic advantage and argued that the country needed to make better use of its young population.

One of the notable moments from the speech involved a glass of water.  Modi contrasted the conventional descriptions of a glass as half full or half empty and said he viewed it as full, with half containing water and the other half air.

The speech also included his remarks on technology and young Indians. Referring to an anecdote from a visit to Taiwan, Modi used the phrase “mouse-charmers” to describe Indians using computers and suggested that young Indians had the ability to influence the world through technology.

‘Minimum government, maximum governance’

Modi’s 2013 address also touched on governance. He spoke about the role of government and the need for better governance.

He also spoke about India’s potential in the 21st century. 

Modi returns as PM for SRCC centenary

The September 5 visit coincided with Teachers’ Day and SRCC’s 100th anniversary. The Prime Minister’s Office had announced that Modi would participate in the college’s centenary celebrations and address the gathering. SRCC was established in 1926 by industrialist and philanthropist Sir Shri Ram.

Earlier this year, Modi also met the SRCC governing body at his residence in April in connection with the college’s centenary celebrations and released a commemorative postage stamp marking the occasion. 

The return to SRCC came 13 years after his 2013 appearance at the college, when he addressed students as Gujarat chief minister.

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Supreme Court judge calls police assault on CJP protesters very distressing

Supreme Court judge Justice Ujjal Bhuyan criticised alleged police assaults on CJP protesters and raised concerns over excessive force.

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Supreme Court

Supreme Court judge Justice Ujjal Bhuyan has criticised the assault of protesters by police personnel during the recent CJP demonstrations in Delhi, describing the conduct as “very, very distressing” and a matter of serious concern.

Speaking at the launch of retired IPS officer Yashovardhan Azad’s book Policing the Republic, Justice Bhuyan said the detachment expected from police officers appeared to be diminishing.

He expressed concern over young Indian Police Service officers personally participating in the assault of protesters and demonstrators.

Justice Bhuyan stresses need for responsible policing

Justice Bhuyan said effective policing does not require excessive use of force or infringement of human rights. He emphasised that the police play an important role in maintaining public confidence because citizens generally approach the police when they feel they have been wronged.

He said maintaining the credibility of the police force was therefore of “utmost importance”.

The judge’s remarks come amid continuing scrutiny of the police and paramilitary response to the CJP protests in Delhi.

Supreme Court panel to examine police action

The Supreme Court has constituted a high-level panel to investigate allegations concerning the use of force by Delhi Police during the July 20 student protests at Jantar Mantar and the subsequent Parliament march.

The panel, headed by former Supreme Court judge Justice R Subhash Reddy, will examine complaints relating to lathi charges, tear gas, pellet guns and electronic batons. It will also look into allegations of targeted harassment or molestation of female protesters and review available CCTV and video footage.

The police response during the protests has faced criticism, while Delhi Police has maintained that its personnel were also attacked during the clashes.

Judge raises concern over custodial deaths and torture

Justice Bhuyan also spoke about custodial torture and deaths, describing custodial death as one of the gravest crimes in a society governed by the rule of law.

He stressed that torture and cruel, inhuman or degrading treatment cannot be accepted, regardless of whether such conduct takes place during investigation, interrogation or other circumstances.

The judge further warned that when government functionaries themselves become lawbreakers, it can undermine respect for the law and encourage lawlessness.

He questioned whether citizens lose their fundamental rights simply because they have been arrested by police.

‘Fake encounters’ cannot be part of policing

Justice Bhuyan also addressed allegations of extra-judicial killings, commonly referred to as “fake encounters”. Referring to a 2011 Supreme Court judgment, he said such encounters undermine the rule of law.

He stressed that an “encounter philosophy” cannot become part of legitimate policing and said proven fake encounters involving serving police officers must be treated with the utmost seriousness.

The Supreme Court’s panel will now examine the allegations surrounding the police action during the July 20 protests as scrutiny of the events continues.

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