During the 2 dyas Consference organized by the Bar Council of India on Saturday, Justice Hima Kohli said ‘The Mediation Act, 2023’ is a landmark point in Indian legal history, and the legislation reflects the people's desire for a more efficient, peaceful, and less confrontational way of conflict resolution.
While no single solution may be a cure for all legal difficulties, Justice Kohli believes the 2023 Act is a hopeful addition to "our toolkit, encouraging dialogue over discord." She was addressing at a technical session on "Alternate Dispute Resolution in International Transactions" during the Bar Council of India's (BCI) 'International Lawyers' Conference 2023' here.
Justice Kohli also said, “It offers autonomy to the parties to resolve their differences creatively, thereby preserving relationships and saving both, time and resources”.
“No doubt there have been some hiccups on the way, but the judiciary’s unwavering commitment to providing finality to arbitral awards and fostering a pro-enforcement regime will give a fillip to India’s transformation into a hub of international arbitration”.
According to Justice Kohli, the Indian judiciary's stance to protecting the integrity of arbitral rulings and supporting party autonomy is evident in multiple major Supreme Court decisions.
She stated that urts in the country are increasingly refraining from serving as appellate authorities delving into the merits of the judgement unless and until there are compelling conditions as specified by law.
She said “By limiting judicial intervention, respecting party autonomy and the arbitral awards, courts in India have contributed in bolstering India’s reputation as a favourable venue for dispute resolution. This judicial philosophy complements legislative reforms and is a step in aid for India to become a global hub for arbitration”.
She stated that in today's world, everything moves at a rapid pace due to globalisation, which has resulted in an increase in commercial transactions, with businesses crossing cultural and geographical barriers.
Website designed, developed and maintained by webexy