Need to move towards difference settlement from dispute resolution

Vice-President Jagdeep Dhankhar on Saturday said the arbitral process in India is just an additional burden to the normal hierarchical mechanism of adjudication, and emphasised a move towards difference settlement from dispute resolution.

- STATESMAN NEWS SERVICE

Speaking at the Colloquium organised by the India International Arbitration Centre (IIAC) at the Bharat Mandapam, he said: "Arbitrators play as much a critical role as members of the bar associated with the arbitral process. Surprisingly, there is, I'm saying it with utmost restraint, absolute tight fist control of a segment of a category that is involved with arbitral process determination. This tight fist control emanates out of judicial feats."

"If we examine it on an objective platform, it is excruciatingly painful. This country has a rich human resource in every facet. Oceanography, maritime, aviation, infrastructure and what not. The disputes are relatable to the experience which is sectoral. Unfortunately, we have taken in this country a very myopic view of arbitration as if it is adjudication. It is much beyond adjudication. It is not conventional adjudication as historically evaluated globally," he said.