Arbitration most viable form of dispute resolution: Justice TS Thakur

As the Indian judicial system shows no signs of breaking free from the huge pendency of court cases, former Chief Justice of India, Justice TS Thakur singled out arbitration as the most viable form of dispute resolution that could reduce pressure on courts allowing quicker delivery of justice.

There are over 30 million cases pending in the Indian courts, of which over 80 percent are in district and subordinate courts, which are short of about 5,000 (23 percent) judges as per the figures of December 2014.

Speaking at the valedictory session of ICA-FICCI - International Conference: Arbitration in the Era of Globalisation on Sunday, Justice Thakur said, "When the judicial system comes under tremendous pressure, you look for alternatives & arbitration is most viable and today it's the most favoured alternative form of settlement of disputes."

Justice Thakur also stressed on the need to take proactive measures steps for establishing an institution a source to inspire confidence in people about arbitration. "Reform of legal framework, setting up of national institution, and we must sensitise our judges not interfere with the arbitral awards," he said.

Union Law Secretary Suresh Chandra singled the issues of timeline, cost, neutrality and enforceability as the four driving elements that will push for arbitration in the country.

"I feel whatever mechanism, law we bring, unless the quality of arbitrators, unless we have a dedicated bar, we can't bring an improvement into the system," he said.

Former Supreme Court Judge, Justice SS Nijjar was of the opinion that commercial disputes need the support of not only the bar but also the bench.

Asserting that the Indian arbitrators are no less in calibre in comparison to foreign ones, Justice Nijjar cautioned that the arbitration practices have to keep pace with the developments that are taking place across the world.