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Courts should be last resort for dispute resolution: CJI N V Ramana

“My advice, after participating in the legal profession for over 40 years in different capacities, is that you must keep the option of going to courts as a last resort. Use this last resort only after exploring the option of ADR (Alternative Dispute Resolution),” Chief Justice of India N V Ramana said.

By: Express News Service | New Delhi |
Updated: December 5, 2021 4:05:58 am
CJI, NV Ramana, Supreme court, legislature, judiciary, Ram nath kovind, Kovind, Kiren Rijiju, India news, Indian express, Indian express news, current affairsChief Justice of India N V Ramana will proceed to Warangal and stay overnight at the guesthouse of NIT at Warangal. (File)

Chief Justice of India N V Ramana on Saturday said that courts should be the last resort for dispute resolution and one should explore alternatives like arbitration, mediation and conciliation before approaching the courts. He said this while addressing the Curtain Raiser and Stakeholders’ Conclave of the International Arbitration and Mediation Centre, Hyderabad.

Underlining the importance of arbitration and mediation, the CJI said that the Mahabharata provides the example of an early attempt at mediation as a conflict-resolution tool, where Lord Krishna attempted to mediate the dispute between the Pandavas and the Kauravas. “It may be worthwhile to recall that the failure of mediation led to disastrous consequences,” he added.

“My advice, after participating in the legal profession for over 40 years in different capacities, is that you must keep the option of going to courts as a last resort. Use this last resort only after exploring the option of ADR (Alternative Dispute Resolution),” he said.

The CJI said that “the most important factor behind the resolution of any dispute is having the right attitude. By right attitude, I mean we should leave aside our ego, emotions, impatience and embrace practicality. But, once these conflicts enter a court, much gets lost in the practice and procedure.”

He pointed out that despite the presence of some arbitration centres in the country, Indian parties that enter into an international arbitration agreement often opt for an arbitration centre outside India, thereby incurring huge expenses. He expressed confidence that the Hyderabad centre will change this trend.

The CJI said the centre has the “best infrastructure” and internationally acclaimed arbitrators and mediators are on its panel. Best practices from across the world are being taken into consideration to ensure efficient functioning of the centre and for drafting the rules, he said, adding that the Hyderabad centre will soon be comparable to arbitral institutions like the reputed Singapore International Arbitration Centre.

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