presented by s. ravi shankar advocate – supreme court of india & partner - law senate law firm...
TRANSCRIPT
PRESENTED BY S. RAVI SHANKAR ADVOCATE – SUPREME COURT OF INDIA & PARTNER - LAW SENATE LAW FIRM
National Conference on Effective & Expeditious Disposal of High Value Commercial Disputes in
India
Organised by ASSOCHAM – 5th October 2013La Meridian Hotel – New Delhi
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Dispute Resolution System in INDIA
Categories Mechanism available in India to resolve commercial disputes
Regulatory MechanismArbitrationMediationRegular Courts
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Problems with REGULATORS
Lack of ExpertiseLack of trainingLack of understanding of the RolePendencyArgument systemsAppeals
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PROBLEMS IN ARBITRATION
Badly drafted Arbitration clausesScope for interference by the CourtsLengthy Arbitration ProcessExamination of witnessesCourt style ArbitrationSection 34 of Arbitration ActExecution of Award - Problems
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PROBLEMS RELATING TO JUDICIAL SYSTEM
Un-trained JudgesLack of Expertise in HearingsLack of Expertise in ArgumentsIncreasing Pendency Judges – People Ratio
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JUDGES PEOPLE RATIO
Sl.No Country No of Judges per 10 Lac People
1 United States of America 107
2 United Kingdom 50
3 Canada 75
4 India 10
30 years back Law Commission of India recommended to make the judges people Ratio
to 50, In 2002 SC directed Government to increase the Judges Ratio to 50 before 2007
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Shocking PENDENCY statistics
275 High Court Judges Posts and 3700 Lower Judiciary Posts are vacant as on 1st August 2013
In Delhi High Court 444 cases are pending for 20 years and total pending cases are 1,15,512
There are 43 Lakh cases pending in 24 High CourtsIn the year 2013-14 Ministry of Law Received a total budget of 1,815
Crores out of the total budget of Rs.16,65,297 Cores
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What to do ?
Clear and effective contracts – Prevention is always better Carefully drafted Arbitration agreementsReduction of Government LitigationTraining to Lawyers and JudgesLobbying for Higher budget and more JudgesFast Track Courts for High Value commercial disputes
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S. Ravi ShankarAdvocate on Record, Supreme Court of India
Partner - Law Senate Law Firm, Address - B3/73, Safdarjung Enclave, LGF, New Delhi
110029 Office Tel & Email Id- 26102873, 26104773,
[email protected]: www.lawsenate.com
THANK YOU
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