The area of A1ternate Dispute Resolution (ADR) has emerged as one of the powerful instruments by which disputes can conclusively be resolved. ADR is no more restricted to traditional areas and is increasing its scope and ambit. To evaluate the existing law and explore new areas where ADR can be applied, Amity Law School (ALS) kick started two day annual National Seminar on “ A1ternative Dispute Resolution in the Era of Globalisation” at Amity Campus, Sector- 125, Noida.
The seminar was inaugurated by Hon’ble Justice R. C Lahoti-Former Chief Justice of India, Hon’ble Justice V. A Mohta- Former Chief Justice of Orrisa High Court and Dr. Subhash C. Kashyap- Former Secretary General of Lok Sabha.
Welcoming all the distinguished guests, Prof. M. K Balachandran – Director, Amity Law School gave a bird’s eye- view of the Seminar, which is structured in various interesting and stimulating sessions including Compulsory mediation in matrimonial disputes, Limitation on judicial review of arbitration awards, Application of ADR in the field of professional negligence, Efficacy of arbitral proceedings, Domain name disputes and cyber squatting, international Conventions and their application of ADR in India.
Expressing the growing popularity of ADR, Hon’ble Justice R. C Lahoti-Former Chief Justice of India said that mediation and conciliation are gaining strong foothold in India because of being less time consuming and simple as compared to arbitration. Corroborating his viewpoint, further, he said that in India there are over 1 million lawyers in Bar Council and more than 1500 former judges, who can act as mediators and conciliators, so India has a lot of scope for ADR. Discussing some bottleneck issues, he said that the system of arbitration is ad hoc, it needs to be contemporary and state- of art. On the other hand, the mindset of people has to change. More and more experts are needed to facilitate conciliation in matrimonial cases and labour law cases.
Hon’ble Justice V. A Mohta- Former Chief Justice of Orrisa High Court expressed his views on the gory picture of arbitration in India as a result of which International community is running away from arbitration as well as India.
Dr. Subhash C. Kashyap- Former Secretary General of Lok Sabha opined that although there is no mention of ADR’s in our constitution but that does not negate the need and importance of the Mechanism of A1ternate Dispute Resolution by mediation and conciliation. Legal frame needs to be changed and incorporate the procedures which are in the interest of general public.
Over 50 Students participated in an essay writing competition in which the students expressed their views on different propositions including seat of Arbitration: Relevance after harmonization of National Arbitration Laws, Ad Hoc ADR V/s Institutionalized ADR, International conventions and their application to ADR in India. The students were judged by renowned members from judiciary, politicians, senior lawyers and academicians including Mr. Arun Jaitely- Former Union Law Minister and Sr. Adv. Supreme Court, Prof. V. C Govindraj – Vice President, Indian Society for International Law, Prof. S C Nirvani- Former Executive Director, Indian Council of Arbitration and Prof (Mrs.) Lakshmi Jambholkar- Editor, Indian Journal of International Law.
Speaking on the occasion, Mr. Arun Jaitely- Former Union Law Minister said that globally, dispute redressal is not preferred in India because of the too much judicial interference and poor quality of arbitrators. He suggested that judicial interference should be minimized to maximize the foreign investments in India thereby ensuring higher profitability for foreign players in India.
On the second day of the seminar, eminent judiciary, politicians, senior lawyers and academicians including Mr. Kapil Sibal- Hon’ble Union Minister for Science and Technology, Mr. Harish Salve- Sr. Advocate, Supreme Court, Prof. Surendra Nath- Former Chief Secretary, Govt. of M.P and Dr. K. N Chaturvedi- Former Law Secretary will share their values thoughts and experiences with the distinguished gathering.