Courts in India are pro-arbitration; you can trust Indian judiciary for its absolute independence: CJI NV Ramana

Chief Justice of India (CJI) NV Ramana on Tuesday said that the Indian Courts are pro-arbitration and they assist and support arbitration by leaving the substantive part of adjudication to the arbitral tribunal. .India encourages arbitration, mediation and other modes of alternative disputes resolution by adopting UNCITRAL Model Law and enacted the Arbitration and Conciliation Act, 1996 "to make the arbitral process more efficient and to harmonise it with the international practice and procedure.""In recent years, there has been some apprehension in the minds of parties about increasing interference of domestic courts in the arbitration process. Let me assure you, Indian Courts are known for their pro-arbitration stance. Courts in India assist and support arbitration and leave the substantive part of adjudication to the arbitral tribunal itself", the CJI said.The CJI also said that the Indian judiciary is recognised for its independence and for giving paramount importance to the rule of law."The Indian judiciary eternally guards the constitutional rights in the world’s largest democracy. You can trust the Indian judiciary for its absolute independence and its inherent constitutional strength to treat all parties equally and equitably. The Constitutional Courts of India - the High Courts and the Supreme Court - have the power to judicially review every act of the Government. They can strike down any law that is not in tune with the Constitutional principles. They can also set aside the arbitrary measures of the executive," the CJI said..You can trust the Indian judiciary for its absolute independence.CJI NV Ramana .He was delivering the inaugural address at the Annual Meet of Indo-German Chamber of Commerce on the theme "Arbitration in a Globalised World- The Indian Experience" at Dortmund, Germany. .The CJI in his speech highlighted the importance of strong the legal framework is in protecting investments and resolving disputes as in any business or trade, difference of opinions and conflicts are bound to arise. "The need is to establish an efficacious mechanism to address these issues and ensure that business continues to operate without much hassle," he said..The CJI said that the adoption of the Model Law on International Commercial Arbitration by the United Nations Commission on International Trade Law (UNCITL) in 1985 has contributed greatly in developing a uniform global arbitration landscape, where fairness and efficiency have been given paramount importance..On international arbitration, the CJI said that it is a way of resolving disputes between parties involving a foreign element which is regulated by the terms agreed upon by the parties themselves. Degree of autonomy available to the parties, uniformity of law, flexibility of procedure, lower cost, increased enforceability, confidentiality and benefit of having domain experts are the advantages of international arbitration, he said.He also stressed on the need to balance the "the geography of international arbitration" as due to a severe lack of resources and infrastructure in the developing countries, the parties choose to resolve their disputes in these established resolution centres like Singapore, London, Paris or Stockholm at severe cost to them. Therefore, there is a need to establish modern institutional arbitration centres with pre-established rules and framework to give parties much needed certainty and transparency, he underlined..The CJI also spoke about constitutional rights, rule of law and human rights stated that,"Similarly, any harm to the environment in one part of the world can affect people everywhere. Violation of rights or injustice in one part of the world affects the entire system of human rights."The Indian Judiciary eternally guards the constitutional rights in the world’s largest democracy and the Indian Courts do not discriminate on the basis of country of origin as everyone is equal before the courts of law in India, the CJI further underlined..The Commercial Courts Act was also highlighted in the speech of the CJI as he said that this special act is enacted for fast track disposal of cases by establishing special benches for commercial matters. "[The Commercial Courts Act] has led to further streamlining and speedy dispensation of justice in commercial matters. There are instances of the Indian legislature amending the laws to end long pending commercial disputes," the CJI said. .On Indo-German commercial relations, the CJI highlighted the bilateral agreements between the two countries by setting up of fast-track mechanism to integrate various medium-size German companies into the Indian market and vice versa. The CJI also spoke about the Indo-German Chamber of Commerce (IGCC) and its extensive training and skill development programs which is helping the Indian workforce integrate with the German business world with necessary guidance."The IGCC is moving in the right direction by having set up an Arbitration Centre with its own set of rules, and a Claim Case Procedure for mediation. These need to be further strengthened and popularised. Additionally, I would welcome setting up of more and more International Arbitration Centres," the CJI said..Before concluding, the CJI suggested that the institutional arbitration centres functioning across the world may consider joining hands to form a council or confederation in order to help in sharing their experiences and to adopt best practices. He said, this will create a level playing field in the arbitration arena across the world..[Read Full Speech]