PRESENTED BY S. RAVI SHANKAR ADVOCATE – SUPREME COURT OF INDIA & PARTNER - LAW SENATE LAW FIRM National Conference on Effective & Expeditious Disposal

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

Copyright © 2013 Law Senate. All rights reserved www.lawsenate.com

Dispute Resolution System in INDIA

Categories Mechanism available in India to resolve commercial disputes

Regulatory MechanismArbitrationMediationRegular Courts


Problems with REGULATORS

Lack of ExpertiseLack of trainingLack of understanding of the RolePendencyArgument systemsAppeals


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


PROBLEMS RELATING TO JUDICIAL SYSTEM

Un-trained JudgesLack of Expertise in HearingsLack of Expertise in ArgumentsIncreasing Pendency Judges – People Ratio


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


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


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


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


Documents

PRESENTED BY S. RAVI SHANKAR ADVOCATE – SUPREME COURT OF INDIA & PARTNER - LAW SENATE LAW FIRM National Conference on Effective & Expeditious Disposal