The Hindu : National : We want to institutionalise arbitration, says Bhardwaj

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Sunday, Nov 06, 2005

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We want to institutionalise arbitration, says Bhardwaj

Staff Correspondent

Speedy justice possible only if cases are disposed of in a time-bound manner

Investor hopes should not be belied Quality must be matched by speedy disposal Needed: alternative resolution mechanism

New Delhi: The government is keen on institutionalisation of arbitration, involving top members of the Bar and the bench form India and abroad, Union Minister for Law and Justice H.R. Bhardwaj said on Friday. However, this would not ensure speedy justice if arbitrators did not dispose of cases in a time-bound manner.

Mr. Bhardwaj was inaugurating a conference on `The Need for Speed: Fast Track Institutional Arbitration — Construction, Banking, Information Technology and Intellectual Property Rights Disputes,' organised by the Indian Council of Arbitration and the Federation of Indian Chambers of Commerce and Industry here.

Criticising lawyers and former judges for charging high fees but failing to devote sufficient time to resolution of disputes, he said this tendency defeated the purpose of arbitration and conciliation and speedy delivery of justice outside the court system. The foreign investors' perception that India had an efficient judicial system must not be allowed to dissipate due to delays in courts and in arbitration.

Supreme Court judge K.G. Balakrishnan called for quality arbitration, matched by speedy disposal of cases.

Delhi High Court Chief Justice Markandeya Katju said there had been an explosion of litigation during the past 20 years as people asserted their rights.

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