Ram Janmabhoomi-Babri Masjid dispute goes to ADR

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By admin March 27, 2019 17:11

Former Supreme Court judge FM Kalifulla, Sri Sri Ravi Shankar and senior advocate and mediator Sriram Panchu constituted the three-team mediation panel. Let’s study the ADR system in India.

1. Alternative Dispute Mechanism is founded on the constitutional basis of Article 14 (Equality before law) and Article 21 (Right to life and personal liberty).

2. The Directive Principles of State Policy (DPSP) of Equal justice and free legal aid in Article 39-A of the Indian Constitution is implemented by ADR.

3. Arbitration and Conciliation Act, 1996 and the Legal Services Authorities Act, 1987 deal with ADR.

4. The Legal Services Authorities Act, 1987 established the Lok Adalat System for cheap and fast settlement of disputes. 5. Section 89 of the Code of Civil Procedure, 1908 mandates the court to refer sub judice disputes to various ADR mechanisms.

6. The enactment of Arbitration and Conciliation Act, 1996 is based on the UNCITRAL Model Law on International Commercial Arbitration and the UNCITRAL Conciliation Rules.

7. It provides the basis for the growth of the ALTERNATIVE DISPUTE RESOLUTION (ADR) movement in India on scientific lines.

Procedures Offered under ADR

1.Arbitration: A procedure in which the dispute is submitted to an arbitral tribunal which makes a decision on the dispute that is binding on the parties.

2. Negotiation: A non-binding procedure in which discussions between the parties are initiated without the intervention of any third party with the object of arriving at a negotiated settlement to the dispute

3. Conciliation/Mediation:A non-binding procedure in which an impartial third party, the conciliator/mediator, assists the parties to a dispute in reaching a mutually satisfactory agreed settlement of the dispute.

4. Con/Med-Arbitration: A procedure which combines, sequential, conciliation and, where the dispute is not settled through conciliation/mediation within a period of time agreed in advance by the parties, arbitration.

5. Mini-trial: A non-binding procedure in which the disputant parties are presented with summaries of their cases to enable them to assess prospects of the case .Then an opportunity is given to negotiate a settlement with the assistance of a neutral adviser.

6. Fast-track Arbitration: A form of arbitration in which the arbitration award is given in a particularly short time and at the reduced cost.

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Advantages

  • Savings of time and cost
  • Minimum court intervention
  • Encourages foreign investments by making a robust legal framework
  • Fast resolution

B N Srikrishna Committee The Department of Legal Affairs, Ministry of Law and Justice, on 13 January 2017 constituted a ten Member, High-Level Committee under the Chairmanship of Justice B.N.Srikrishna, Retired Judge of Supreme Court of India to look into ADR in India. Recommendations of B N Srikrishna Committee

  • Setting up of an Autonomous Body, Arbitration Promotion Council of India (APCI).
  • The APCI may recognize professional institutes providing for accreditation of arbitrators.
  • The APCI may hold training workshops and interact with law firms and law schools to train advocates with interest in arbitration, to create a specialist arbitration bar comprising of advocates dedicated to the field.
  • Creation of a specialist Arbitration Bench to deal with such Commercial disputes, in the domain of the Courts.
  • Changes have been suggested in various provisions of the 2015 Amendments in the Arbitration and Conciliation Act with a view to make arbitration speedier and more efficacious and incorporate international best practices.
  • The Committee are also of the opinion that the National Litigation Policy (NLP) must promote arbitration in Government Contracts.

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By admin March 27, 2019 17:11