National Conference on Effective & Expeditious Disposal of High Value Commercial Disputes in India Organised by ASSOCHAM – 5th October 2013 La.

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Presentation transcript:

National Conference on Effective & Expeditious Disposal of High Value Commercial Disputes in India Organised by ASSOCHAM – 5th October 2013 La Meridian Hotel – New Delhi Presented by S. Ravi Shankar Advocate – Supreme Court of India & Partner - Law Senate Law Firm 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 Mechanism Arbitration Mediation Regular Courts Copyright © 2013 Law Senate. All rights reserved www.lawsenate.com

Problems with REGULATORS Lack of Expertise Lack of training Lack of understanding of the Role Pendency Argument systems Appeals Copyright © 2013 Law Senate. All rights reserved www.lawsenate.com

PROBLEMS IN ARBITRATION Badly drafted Arbitration clauses Scope for interference by the Courts Lengthy Arbitration Process Examination of witnesses Court style Arbitration Section 34 of Arbitration Act Execution of Award - Problems Copyright © 2013 Law Senate. All rights reserved www.lawsenate.com

PROBLEMS RELATING TO JUDICIAL SYSTEM Un-trained Judges Lack of Expertise in Hearings Lack of Expertise in Arguments Increasing Pendency Judges – People Ratio Copyright © 2013 Law Senate. All rights reserved www.lawsenate.com

4 India 10 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 Copyright © 2013 Law Senate. All rights reserved www.lawsenate.com

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

What to do ? Clear and effective contracts – Prevention is always better Carefully drafted Arbitration agreements Reduction of Government Litigation Training to Lawyers and Judges Lobbying for Higher budget and more Judges Fast Track Courts for High Value commercial disputes Copyright © 2013 Law Senate. All rights reserved www.lawsenate.com

THANK YOU S. Ravi Shankar Advocate 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, ravi@lawsenate.com Website: www.lawsenate.com Copyright © 2013 Law Senate. All rights reserved www.lawsenate.com