“Interminable, time consuming, complex and expensive Court procedures impelled jurists to search for an alternative Forum, less formal, more effective and speedy for resolution of disputes, avoiding procedural claptrap and this led them to Arbitration Act, 1940. However, the way in which the proceedings under the Act are conducted and without exception challenged in Courts, has made Lawyers laugh and legal philosophers weep.”
As the burden of the courts increased, many measures were set up to reduce it. Insertion of the ADR mechanism into the CPC was one such step to combat the lag of the cases. This is still a ruckus that the courts face.
There is still a long way to go for the courts to set up mechanisms and infrastructure for the proper working of the ADR systems. If the first hearing only emphasises the ADR mechanism, the people would become more aware of the union of the two sections. The judges have a massive task on their shoulders to muster the people and make them aware of the privileges gifted to us by the lawmakers.
To address the legal situation in the Indian courts, ADR plays a vital role in India through its various strategies. Alternate dispute resolution mechanism provides scientifically developed techniques in Indian courts that help reduce the burden on the courts. ADR offers a variety of settlement options including, mediation, reconciliation, mediation, negotiation and Lok Adalat. Here, negotiations mean self-consultation between the parties to resolve their dispute, but India has no legal recognition.
The ADR is also based on such fundamental rights, Articles- 14 and 21, which deal with equality and the right to life and personal freedom, respectively. The purpose of the ADR is to provide social and economical, and political justice and to maintain integrity in the community enshrined in the introduction.
The arbitration and conciliation Act, 2019 (2019 Amendment Act), as a bill, was passed by the lower house of Parliament (Lok Sabha) on 1 August 2019 and passed by the upper house of Parliament (Rajya Sabha) on 18 July Shortly after that, on 9 August 2019, the Amendment Act of 2019 adopted the President’s approval and was issued as Act 33 of 2019. Subsequently, certain sections of the Amendment Act of 2019 were introduced on 30 August 2019.
The Amendment Act of 2019 has been one of the most anticipated and most notable amendments in recent times, dividing opinions equally since it was first introduced in Lok Sabha on 10 August 2018. However, its transfer was delayed due to the end of the 16th Lok Sabha session.
The Amendment Act of 2019 also addresses measures to make the mediation process more robust and friendly, emphasizing addressing the freedom to create a business environment and making India a centre for international trade mediation. The Amendment Act of 2019 also seeks to amend and promote institutional mediation by establishing an independent organization and promoting ADR in India, as set out in detail in this article. Perhaps the most critical aspect of the 2019 Amendment Act is that it is a step towards mediation in India.
The 2019 Amendment Act has brought in some significant, changes including the Appointment of Arbitrators by Arbitral Institution. Instead of courts in India, they set up the Arbitration Council of India and introduce timelines of six months for filing pleadings. They are also making international arbitrations beyond the purview of the twelve months adjudication period prescribed under S. 29 and altering the scope of Section 17, Section 45, Section 50 of the Arbitration Act, and lastly introducing Section 87 to clarify the future effect of the 2015 Amendment Act.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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