Justice D.Y. Chandrachud’s Insights at the UNCITRAL South Asia Conference 2023
In a recent inaugural address at the UNCITRAL South Asia Conference 2023, Chief Justice of India (CJI) D.Y. Chandrachud shed light on the evolution of Alternative Dispute Resolution (ADR) in India. He remarked on the transformation of ADR from being perceived as “rough justice” in its early days to its current esteemed position. This initial skepticism towards ADR was largely due to a lack of transparency and the general human tendency to view novel ideas with suspicion. However, as Justice Chandrachud pointed out,
“Sunshine is often the best disinfectant,”
indicating that with time and transparency, ADR has gained significant trust and acceptance.
The UNCITRAL model law aims to bring uniformity to laws across various jurisdictions. In line with global best practices, India has proactively embraced arbitration as its favored ADR method. This is evident from the establishment of 35 arbitration institutes scattered throughout the nation.
Justice Chandrachud emphasized the cost-effectiveness of ADR, noting that it spares parties from incurring hefty legal fees over prolonged periods. He proudly mentioned the proactive role of Indian courts in safeguarding party autonomy in arbitration proceedings.
Furthermore, the CJI delved into the technological advancements and digitization efforts spearheaded by the Supreme Court. A notable mention was the integration of the Supreme Court of India with the National Judicial Data Grid (NJDG) platform, a significant announcement made recently. This move is in tandem with other initiatives like the introduction of a uniform citation system and the democratization of knowledge access, which has dismantled archaic structures. In a bid to make judicial decisions more accessible, the Supreme Court’s judgments are now being translated into all constitutionally recognized Indian languages. Additionally, the apex court is leveraging the power of artificial intelligence and machine learning to enhance its operations.
Key Takeaways:
- ADR’s perception has shifted from “rough justice” to a trusted resolution method.
- India has established 35 arbitration institutes, highlighting its commitment to ADR.
- Technological advancements, including AI and machine learning, are being incorporated into the judiciary’s operations.
