Financial Daily from THE HINDU group of publications Wednesday, Mar 17, 2004 |
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Industry & Economy
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Courts/Legal Issues Sorabjee favours alternate dispute resolution method Our Bureau
New Delhi , March 16 ALTERNATE Dispute Resolutions (ADRs) are vital in the Indian context as they could go a long way in de-congesting the pressure on Indian courts. This was stated by Mr Soli Sorabjee, Attorney General of India, at the Australia-India Legal Dialogue organised by the Federation of Indian Chambers of Commerce and Industry (FICCI) here on Monday. Highlighting the need for ADR in the country, he stated that the congestion in Indian courts is `acute' and `chronic'. ``ADR has not sufficiently permeated into the Indian legal consciousness,'' he said. According to him, the legislative attempt to promote arbitration in India such as the Arbitration and Conciliation Act of 1996 has not delivered the desired results. ``Its drafting has been criticised by the courts,'' he added. In this regard, he mentioned that a Bill has been introduced in the Parliament to amend the 1996 Act. Mr Sorabjee also emphasised on the need to maintain `ethics' in the practice of the legal profession in India. "I am dismayed at the commercialisation of the profession,'' he said. Mr David Bennett AO QC, Solicitor General of Australia, while delivering the keynote address focused on the co-operation of law firms in both countries, especially when advising clients for negotiating and finalising commercial contracts. He also emphasised the need for a liberal legal regime for the improvement of the dispute resolution scenario. He suggested that India should sign the Hague Convention on Private International Law so as to enable a stronger forum of all Commonwealth Nations. In addition, he said that Governments' lawyers should also co-operate and interact more often on various legal issues.
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