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Knocking at court's door should be last resort: CJI Ramana
Chief Justice of India, Justice N V Ramana
The CJI asks business entities engaged in complex commercial contracts to go in for ADR (alternate dispute resolution) to resolve conflicts
Hyderabad: Chief Justice of India, Justice N V Ramana said that going to courts after a dispute should be the last resort and suggested exploring alternatives like arbitration, mediation and reconciliation.
Delivering a keynote address at the inaugural session of the International Arbitration and Mediation Centre at Hyderabad on Saturday, the CJI said: "My advice after putting in 40 years in the legal profession in various capacities is go to courts only as a last resort."
"By going to courts leads to procedural delays. Instead, with the right attitude, amicable solutions could be arrived at through mediation, to avoid unnecessary delays. Lord Krishna had mediated between Pandavas and Kauravas but the failure led to disaster," he said.
Egos, emotions, and misunderstandings are some of the reasons for the long-drawn conflicts. He suggested people opt for settlement of property disputes through alternative dispute resolution.
The CJI asked business entities engaged in complex commercial contracts to deal with conflicts to go in for ADR (alternate dispute resolution).
Further, there is an immense potential for domestic and international dispute resolution. However, countries like Singapore, London and others have become the preferred destinations for Indian commercial arbitration incurring huge costs. Setting up IAMC at Hyderabad with the best infrastructure, internationally renowned experts, bringing the best global practices and rules with global perspectives would immensely benefit, he said.
The CJI hoped the IAMC, Hyderabad would gain global repute on par with its counterparts in Singapore, London and other countries. The Centre is going to be inaugurated on December 18. Hyderabad is the fastest-growing city, it has world-class facilities and logistics suitable for setting up the IAMC, he added.
He thanked Chief Minister K Chandrasekhar Rao and the Telangana State government for their active support in establishing the centre. The centre would add to the ADR landscape of the country.
Chief Minister K Chandrasekhara Rao thanked the CJI's initiative for setting up IAMC in Hyderabad. Rao explained how the ADR model has been practiced since ancient times in the country like 'Rachhabanda'. The Chief Minister said despite economic reforms the country was lagging in the efficient enforcement of contracts.
He said that Hyderabad with its multi-lingual, multi-cultural city has emerged as a global city with world-class facilities suitable for setting up IAMC at Hyderabad.
In his presidential address, Supreme Court judge, Justice L Nageswara Rao, referring to the reports of the Law Commission and Justice B N Srikrishna Commission, explained the changes brought in the ADR laws, and the country needs a credible International Arbitration and Mediation Centre.
He hoped the IAMC, Hyderabad would add to the glory of the city of pearls. He said that the centre would run neither by the judiciary nor by the government, but by independent expert trustees. Chief Justice of Telangana High Court, Satish Chandra Sharma said the country needs a world-class arbitration and mediation centre as the country is emerging as an economic superpower. Law Minister Indrakaran Reddy, Municipal Administration and Urban Development Minister KT Rama Rao, judges of the supreme court, and Telangana and Andhra Pradesh high court were present.
