CJ favours greater recourse to alternative dispute resolution

By Our Special Correspondent

HYDERABAD, APRIL 16. The Chief Justice of the A. P. High Court, Mr. Satya Brata Sinha, said here today that courts in the country would not have been facing the present docket explosion if there was greater recourse to alternative dispute resolution methods.

In the United States, he said, only 10 per cent of cases came up for trial in Court with the remaining being resolved through arbitration and conciliation. It would be desirable if at least 25 per cent of the cases were disposed of in India in this manner.

The Chief Justice was inaugurating a workshop on the `Role of arbitration in the wake of the Code of Procedure (Amendment) Act, 1999' organised jointly by the Federation of AP Chambers of Commerce and Industry (FAPCCI) and the Indian Council of Arbitration (ICAR).

Tracing the history of arbitration in India and in the West, Justice Mr. Sinha said courts were empowered to refer disputes for arbitration when the British set up mofussil courts in India in the 18th century but these procedures were abandoned with the passage of time. Several other Acts were passed in the last century to promote the use of arbitration which did not, however, meet their objectives.

The FAPCCI president, Mr. Mohanlal Gupta, said the CPC Amendment Act of 1999 made it obligatory for the Courts to refer the dispute after framing of issues for settlement either through arbitration, conciliation or mediation. It was only if the parties failed to get their dispute settled through the alternate dispute resolution (ADR) route that the suits could proceed.

Mr. Siva Subba Rao, Member, Bar Council of AP, strongly disagreed with the commonly held view that civil litigation was rising and that the judiciary was not able to cope with the demand, especially at the mofussil level. It was the disposal rate that had come down. He said irregular exercise of powers by the Government was the main reason for increase in litigation and for making higher judiciary a "Government error-correction centre".

The Chairman of the Bar Council of A.P., Mr. M. Rajender Reddy, the Executive Director of ICA, Mr. G.K. Kwatra, and Mr. C.V. Nagarjuna Reddy, advocate spoke.

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