The Hindu Business Line : Landmark event

THE frightening spectre of more than three crore cases pending in India's courts refuses to go away despite all the declarations of determined attack on it. A number of measures — being strict in allowing adjournments and long-winded arguments; restricting the number of times litigants can go on appeals, revision and reviews; holding hearings on a daily basis; undertaking stern supervision of the quantum of disposal by prescribing norms in respect of examination of witnesses and delivery of judgments; guarding against indiscriminate admission of writ petitions and granting of injunctions; filling judicial vacancies immediately after they occur; increasing the number of judicial posts, putting curbs on public interest litigation, especially cases which are quasi-executive in nature; and the like — had been perennially mooted and discussed with no perceptible effect on the situation.

The judicial domain has largely remained unamenable to public scrutiny and enforcement of accountability.

There is, however, one avenue for bringing down pendency which has not yet been fully explored. And that is, taking recourse to arbitration as an alternative, proximate, amicable, speedy and relatively inexpensive route for resolving disputes which are at present so frustratingly clogging the formal judicial channels.

Arbitration can be used as a fast track mechanism to resolve all civil disputes, barring those falling within the purview of exclusive legislation and specialised tribunals, such as the ones pertaining to penal and criminal offences, labour laws, rent control, constitutional issues, and taxation. At least one-third of the cases in courts can be brought under arbitration, resulting in a dramatic fall in the arrears.

In this background, the inauguration of the Nani Palkhivala Arbitration Centre on December 21 in Chennai can only be applauded as a landmark event which has the potential of relieving the agony of litigants by making redress available in 10 months or less, instead of 10 years or more cases take in courts.

The centre promises to get off to a flying start under a Governing Council headed by the former Chief Justice of India, Mr M. N. Venkatachalaiah and comprising luminaries such as Messrs Soli Sorabjee, Habibullah Badsha, K. K. Venugopal, G. K. Raman and Iqbal Chagla. Let us give it three cheers.

B. S. Raghavan

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