Vice-President Dhankhar urgently called for reforms in the Indian arbitration system. He emphasized the need for immediate changes to enhance efficiency and transparency in resolving disputes. The call underscores the pressing need for modernization in India’s arbitration framework as highlighted by a prominent political figure.
Vice President of India, Jagdeep Dhankhar, recently emphasized the urgent need for reform in the Indian arbitration system. In a statement, he voiced agreement with the Chief Justice of India, D.Y. Chandrachud, who criticized the current arbitration landscape as being dominated by an “Old Boys’ Club.” Dhankhar highlighted the importance of institutional strength over individual efforts in initiating systemic changes.
While speaking at the opening of the new Society of Indian Law Firms (SILF) building, Dhankhar described the Indian arbitration process as burdensome and criticized its use as merely another step in the standard litigation process.
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He outlined the typical progression involving,
“Award (by arbitration court), objection to award, appeals, and then invocation of Article 136 of the constitution, followed by review and curative petitions,”
The Vice President stressed the potential for India to become a major global hub for arbitration, provided that all stakeholders in the arbitration dispute resolution process, including industry and legal professionals, collaborate effectively.
Moreover, he discussed the introduction of three new criminal laws, the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam, highlighting how these laws move away from India’s colonial past and focus on justice over punishment, marking a shift from ‘Danda Vidhan’ (punishment legislation) to ‘Nyay Vidhan’ (justice legislation).
Vice President Jagdeep Dhankhar also expressed his concern about the underutilization of legal expertise in the Rajya Sabha, despite the presence of numerous distinguished lawyers.
He stressed the importance of their active participation, highlighting how it could significantly enhance constitutional debates within the house. He noted,
“It is crucial for these eminent lawyers to engage more actively in the proceedings to enrich the discussions on constitutional matters,”
Dhankhar further emphasized the broader societal benefits of a reliable and effective dispute resolution system.
He articulated that,
“credible and robust dispute resolution mechanism fosters harmony and facilitates the flourishing of both the economy and democratic values.”
On the topic of arbitration, he emphasized the importance of the process being conducted in such a way that “disputing parties do not walk out as enemies,” underlining the need for a more amicable resolution approach.
Furthermore, the Vice President addressed the challenges posed by disruptive technologies to traditional arbitration methods. He highlighted the necessity for the arbitration system to adapt, ensuring that it remains effective and timely in resolving disputes in the face of rapid technological change.