KCCI Makes a Big Beginning in Arbitration
Mangaluru, Feb 09, 2022: In less than a year of its full-fledged operation, the Alternative Dispute Resolution Centre (ADR) set up by the Kanara Chamber of Commerce at Chamber Building, Mangaluru has facilitated a settlement of Rs. 4.62 Crores worth of disputes between various litigating parties.
The Centre was inaugurated by Justice S. Abdul Nazeer – Supreme Court Judge in March 2020. But the Covid19 pandemic affected the smooth functioning and awareness of the system. However, once the pandemic was under control, it started full-scale operation in 2021. In less than a year of functioning, it has handled several cases primarily on business and commerce matters.
Alternative dispute resolution (ADR) is designed to settle disputes outside of the courtroom with the help of an impartial third party. The Arbitration & Conciliation Act, 1996, which governs the settlement of disputes outside the court, has been made relevant & current with a plethora of Amendments. The Amendments have facilitated the improvement of institutional arbitration by establishing an independent body to lay down standards, making the arbitration process more flexible and cost-effective, and ensuring the timely disposal of cases. President of KCCI, Shashidhar Pai Maroor, says, “We have made a conscious effort to ensure that arbitration proceedings do not mimic the court and disputes are settled after giving enough chances to both parties to narrate their side of the story.”
As head of the ADR focus area of KCCI, Professor Lionel Aranha says that the ADR Centre has attracted cases from the Industry & has proven that resolutions are found quickly & efficiently.
The KCCI ADR Centre was the brainchild of the Past President of KCCI, Isaac Vas.
“It gives me immense pleasure to see that it is making great strides in dispute resolution. We invite litigating parties to avail the services of the Centre to bring a lasting settlement to their long-pending disputes,” Vas said.
According to the National Judicial Data Grid (NJDG), 4.11 cr cases are pending in all the courts across India, of which 1.08 cr are civil. Therefore, the country needs an estimated 50,000 more judges to dispose of them in time which has become challenging to all incumbent Governments. Considering this, in many cases, courts themselves encourage arbitration and reconciliation in order to bring justice to citizens.
While in western countries, over 10 per cent of cases are settled by arbitration and mediation, in India, the percentage is negligible in contrast. Considering the backlog in the courts’ ADR is the future for speedy settlement of disputes and bringing justice to the citizens of our country. All the cases settled by the KCCI ADR Centre have been achieved within 90 days of admission, which is by far a record considering the long years one has to suffer in the court of law.
