Vice-President Jagdeep Dhankhar calls for urgent reforms in the Indian arbitration system

Jagdeep Dhankhar, Vice President of India

Vice President (VP) of India Jagdeep Dhankhar on Monday underlined the need for reforming the Indian arbitration system.

As per a press release, VP Dhankhar echoed the concerns of Chief Justice of India (CJI) DY Chandrachudwho had described the current state of arbitration in the country as an “Old Boys’ Club”.

He emphasized that while individuals may struggle to bring about systemic change, institutions should have a strong spine to address such challenges.

The VP was addressing the gathering at the inauguration of the newly constructed Society of Indian Law Firms (SILF) building.

He described the Indian arbitration process as an ‘arduous’ one. Expressing his disapproval of using arbitration as “an additional tier in the conventional litigation ladder,” the VP highlighted that the process has become very complex.

“Award (by arbitration court), objection to award, appeals, and then invocation of Article 136 of the constitution…followed by review and curative petitions,” has become the norm, he said, while stressing on the need to enhance efficiency.

Dhankhar called on industry, the legal fraternity and all other stakeholders in arbitration dispute resolution to work in unison to ensure the same.

“India has everything that needs to for emergence of global arbitration hub,” he added.

Referring to the three new criminal laws – the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam – VP Dhankhar said that these have unshackled the Indian criminal justice system from its colonial legacy while keeping the focus on justice rather than punishment, traversing from ‘Danda Vidhan’ (punishment legislation) to “Nyay Vidhan” (justice legislation).

He further expressed his anguish over the fact that there are many eminent lawyers in the Rajya Sabha, but their active engagement in the proceedings of the house is highly limited. He underlined the importance of their contribution to enriching constitutional discussions on the platform.

VP Dhankhar stated that a credible and robust dispute resolution mechanism nurtures harmony and contributes to the blossoming of the economy and democratic values.

“Disputing parties not to walk out of arbitration process as enemies,” he stressed.

Addressing the impact of disruptive technologies on arbitration as a dispute resolution mechanism, the Vice-President underlined the need for adaptability to ensure effective and timely resolution amid technological advancements.