Courts should be last resort: Chief Justice NV Ramana
The Chief Justice of India NV Ramana said that people should approach the courts only after going through extensive consultations through Alternative Dispute Resolution (ADR) mechanisms.
“My advice after participating in the legal profession for over 40 years in different capacities, is that you keep an option of going to courts as a last resort. Use this last resort only after exploring the option of Alternative Dispute Resolution (ADR)- arbitration mediation and conciliation. Arbitration and mediation are efforts at restoring a relationship,” CJI Ramana said.
CJI Ramana was the keynote speaker at the curtain raiser of the Stakeholders’ Conclave of International Arbitration and Mediation Centre, Hyderabad. He said that the city of Hyderabad is a natural destination for arbitration. He thanked Telangana Chief Minister K Chandrasekhar Rao for allotting land for India’s first International Arbitration and Mediation Centre in Hyderabad.
“The setting up of this International Arbitration and Mediation Centre in Hyderabad will change this trend in India. This Centre is being established with the best infrastructure and the impaneling of internationally acclaimed arbitrators and mediators. Best practices from across the world are being taken into consideration to ensure efficient functioning of the center and for the drafting of the rules. With a global perspective and an emphasis on quality, I can assure you that it would soon be comparable to Arbitral Institutions like SIAC,” he added.
The CJI narrated the story of the Mahabharata and said that it provides an example of an early attempt at mediation as a conflict resolution tool.
“The Hindu epic Mahabharata provides an early attempt of mediation and conflict where Lord Krishna mediated between Pandavas and Kauravas. It may be worthwhile to recall that failure of mediation led to a disastrous consequence,” he said.
Despite the presence of some arbitration centres in India, Indian parties that enter into an international arbitration agreement often opt for an arbitration centre outside India incurring huge expenses, said the CJI.
The event was attended by CJI Ramana, Supreme Court judges, Justices L Nageswara Rao, Subhash Reddy Hima Kohli, Chief Minister of Telangana K. Chandrashekar Rao, Law Minister A Indirakaran Reddy, former Supreme Court judge Kurian Joseph, Telangana High Court Chief Justice Satish Chandra Sharma among others.
