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.”
Hardeep Singh Puri elected unopposed to Rajya Sabha from Madhya Pradesh
Union Minister Hardeep Singh Puri has been elected unopposed to the Rajya Sabha from Madhya Pradesh after the nominations of two other candidates, including a Congress-backed nominee, were rejected.
Union Petroleum Minister and Bharatiya Janata Party (BJP) leader Hardeep Singh Puri has been elected unopposed to the Rajya Sabha from Madhya Pradesh. The announcement was made on Thursday after the deadline for withdrawal of nominations ended, leaving Puri as the only candidate in the contest.
Puri’s election followed the rejection of nomination papers filed by two other candidates, Kante Sayanna and Rajkumar Lohani, who was backed by the Opposition Congress. Their nominations were rejected during the scrutiny process, making Puri the sole candidate remaining in the fray.
Returning Officer Umesh Sharma formally declared Puri elected to the Upper House of Parliament. Madhya Pradesh BJP president Hemant Khandelwal collected his certificate of election from the returning officer in the presence of party MLA Rameshwar Sharma.
Why Hardeep Singh Puri was elected unopposed
The Madhya Pradesh Rajya Sabha bypoll witnessed three candidates initially entering the contest. However, the nomination papers of the two other candidates did not clear scrutiny.
Kante Sayanna and Congress-backed candidate Rajkumar Lohani had their nominations rejected during the examination of election papers. With both candidates out of the contest, Puri remained the only candidate.
As a result, the returning officer declared him elected unopposed on the final day of withdrawal of nominations on November 5.
The bypoll, if required, had been scheduled to take place on November 12.
Why the Madhya Pradesh Rajya Sabha seat fell vacant
The by-election became necessary following the resignation of former Union minister L Murugan from the Rajya Sabha last month.
Murugan’s departure created a vacancy in the Upper House from Madhya Pradesh. His original term was scheduled to continue until April 2, 2030.
The BJP subsequently nominated Hardeep Singh Puri as its candidate for the by-election.
Puri, a former diplomat who later entered politics, currently serves as the Union Minister of Petroleum and Natural Gas.
Amit Shah challenges Rahul Gandhi to debate SIR in Parliament
Amit Shah responded to Rahul Gandhi’s public debate challenge by inviting him to discuss the SIR exercise in Parliament. He also criticised the Congress over its demand for Chief Election Commissioner Gyanesh Kumar’s resignation.
Union Home Minister Amit Shah has challenged Congress leader Rahul Gandhi to take up his demand for a public debate with Prime Minister Narendra Modi in Parliament, saying the government is ready to convene a special session to discuss the Special Intensive Revision (SIR) exercise.
Addressing a rally in Haryana’s Karnal, Shah directly responded to Gandhi’s challenge to the Prime Minister, asking the Congress leader to write to PM Modi if he wanted a discussion.
“I want to challenge Rahul Gandhi directly. You challenge PM Modi for a discussion? If you want a discussion, simply write a letter to PM Modi. We are ready to convene a special session of Parliament to discuss the SIR exercise… Come and debate in Parliament,” Shah said.
The remarks came two days after Rahul Gandhi issued another public debate challenge to the Prime Minister.
On November 3, Gandhi wrote in a post on X that PM Modi could choose any stage or venue for a discussion. He proposed debating allegations concerning who was anti-national and who had connections with foreign forces, adding that the media and the country’s youth should also be present.
Amit Shah targets Congress over SIR controversy
During his address, Shah also criticised the Congress over its demand for the resignation of Chief Election Commissioner Gyanesh Kumar.
Referring to the 2014, 2019 and 2024 Lok Sabha elections, the Home Minister argued that the Congress had lost despite no Special Intensive Revision exercise being conducted during those elections.
“Where was the SIR in 2014? You were completely wiped out even then. Where was SIR in 2019? You lost. There was no SIR in 2024 either, yet you lost again,” he said.
Shah also referred to the elections in Haryana and Maharashtra, claiming that there was no SIR exercise in either state when the Congress suffered electoral defeats.
He accused the Opposition of disrupting parliamentary proceedings and organising protests on the streets instead of allowing Parliament to function.
Shah criticises Rahul Gandhi over protests
The Home Minister further alleged that Rahul Gandhi and the Congress were creating disorder through street protests and parliamentary boycotts.
Shah said BJP workers would give a “fitting reply” if Gandhi continued to mobilise crowds on the streets.
He also questioned Gandhi’s claim to have mobilised large numbers of people for a rally in Delhi, alleging that the venue had a capacity of 70,000 and was still half empty despite an appeal to bring 10 lakh people.
“The people of the country have consistently defeated Rahul Gandhi and the Congress party. The people of the country are not with you or the Opposition alliance,” Shah said.
Amit Shah raises questions over Rahul Gandhi’s foreign visits
Shah also sought details about Rahul Gandhi’s foreign visits, arguing that people had a right to know about them.
“You’re Leader of Opposition… People have the right to know,” the Home Minister said.
His remarks came amid the continuing political confrontation between the BJP and Congress over the SIR exercise, electoral processes and the Opposition’s criticism of the Election Commission.
As Chhattisgarh celebrated its 26th Foundation Day with Home Minister Amit Shah as chief guest, there are worries about the cash programmes for women.
With the payment of the 33rd consecutive monthly installment of Mahtari Vandan Yojana to more than 67 lakh beneficiaries, Chhattisgarh has created a record of sorts. The 67 lakh women are supposed to have received a monthly cash dole of Rs 1000 per head in their accounts totaling to a mammoth Rs 21,350 crore. It translates into a very neat Rs 33000 per head for each married woman over the age of 21 so far.
And all these women are KYC- checked and receive the direct benefit transfer. If there are an average of three married women in a joint family, then the amount totals to better than the average rise in paddy prices. That’s not all, there are six other women’s schemes which provide easy loans and rent free shops in good locations. These schemes pump in a further Rs 11,000 crore into each household every year. Further, the renamed MNREGA has another Rs 16,200 crore reserved for the state every year.
So far so good and it reads like a state government PR pamphlet. Now for the bad news. The cash dole has so far been absorbed by the family itself because of the inordinate rise in fuel prices. By all accounts only 23 per cent of the households who receive gas cylinders are able to continue buying it. Only 15 per cent of those who received loans for various trades including e-rickshaws have been able to sustain it. This is roughly about 41,000 women so far.
The state had also invested in physical infrastructure like sheds and shops for trades like mushroom farming, goat farming and small size hatcheries. Some shops were given rent free on prime locations in Raipur, Durg and Bilaspur etc. Most of these facilities have been abandoned as the self-help groups (SHGs) formed for the purpose haven’t been able to convert it into a profitable venture. In fact, each SHG, which usually has 11 women, is given a monthly encouragement amount of Rs 15,000 which is now being split amongst the group with nothing to show for it. Most sheds have either broken down or have become illegally occupied. Better still, the shops have been handed over to businessmen to recover some of the cost.
“The main reason these schemes have not had the desired effect is lack of training and a general apathy on part of the entrepreneurs because of easy cash,” said an official. And that best sums it up.
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