SC judge Hima Kohli bats for arbitration, mediation to resolve disputes
Mar 26, 2024
Panaji (Goa) [India], March 26 : Justice Hima Kohli, judge of the Supreme Court has advocated arbitration and mediation as the quickest and easiest resolution to disputes.
Speaking as chief guest at a conference titled 'Ease to justice through arbitration and mediation in commercial disputes', organised by the Indian Council of Arbitration (ICA) at Goa's Vagator on Saturday, the apex court judge said that alternative dispute resolution is imperative to keep the economy buoyant.
"When we talk of our country, it is on the forefront of businesses and global transactions, and disputes are bound to arise. The quickest and easiest resolution in disputes is arbitration and mediation and conferences on this topic can spread this message. The quickest and easiest resolution would be through ADR (alternative dispute resolution). Enforcement of the ADR award is imperative to keep the economy buoyant," she stated.
She further said that the alternative ensures decision-making and brings closure between the disputing parties.
"ICA has been propagating the cause of ADR, particularly arbitration and mediation, for a long time. Holding such conferences is a way forward to spreading the message of arbitration and mediation which is an imperative tool as an area. Court litigation has to be the primary focus, but if the alternatives are developed well, it will take the burden off the court. It ensures decision-making and brings closure between the disputing parties. Nothing can be better than that," she added.
Justice Mahesh Sharadchandra Sonak, Judge, High Court of Bombay at Goa, who was also present, said, "In Goa, we are blessed with so much of traditions of peace and harmony. I feel that there can be no better place than Goa to take this experiment extremely seriously."
Arun Chawla, Director General, ICA, said that ICA is the oldest arbitration institution in India, set up in 1965.
"We are now on a mission to spread the word of ADR to ease justice in the country. That's why we are going to every nook and corner in the country, even abroad, spreading the message that India is fully geared up to take ADR seriously and bring about ease to business and the commercial world. This will attract investors to the country as well as make life easy for the domestic industry. In due course, alternate mediation will be the primary way of resolving disputes rather than litigation," he said.
