1. 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
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2. Dispute Resolution System in INDIA
Categories Mechanism available in India to resolve commercial disputes
Regulatory Mechanism
Arbitration
Mediation
Regular Courts
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3. Problems with REGULATORS
Lack of Expertise
Lack of training
Lack of understanding of the Role
Pendency
Argument systems
Appeals
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4. 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
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5. PROBLEMS RELATING TO JUDICIAL SYSTEM
Un-trained Judges
Lack of Expertise in Hearings
Lack of Expertise in Arguments
Increasing Pendency
Judges – People Ratio
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6. 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
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7. 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 Ministry of Law Received a total budget of 1,815 Crores out of the total budget of Rs.16,65,297 Cores
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8. 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
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9. 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 Office Tel & Id , , Website:
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