Left Menu
Development News Edition

Arbitration must be autonomous, free from govt control, says senior lawyer

Arbitration must be autonomous, free from govt control, says senior lawyer

India has a long way to go to become a hub of arbitration and to do so it must be autonomous and free from government control, senior advocate Arvind Datar said on Thursday. The senior lawyer, who has appeared in various high-profile cases in the Supreme Court, including the SEBI-Sahara, NJAC and Aadhaar matters, said the present law makes arbitration subject to government regulations which is completely contrary to international practice.

Talking to PTI about the present status of arbitration in the country, he said the recent amendments made to the Arbitration and Constitution Act have helped in improving the efficiency of domestic arbitration, but a lot more needs to be done if India wants to compete with Singapore and London as a preferred destination for international arbitration. "More proactive steps are necessary to make India the hub of international arbitration. Effort should be made to adopt and benchmark the steps taken by Singapore, London and Dubai to make arbitration completely autonomous and free from government control," Datar said.

He added that the enforcement mechanism for recovery after an award is passed has to be strengthened since there is still substantial delay in enforcing an award in the country. "New amendments have come and they require an arbitration council, which is yet to be appointed. The Act has put various restrictions on who can be an arbitrator. If we want to be an international hub, we cannot operate with this mindset," Datar said.

On foreign lawyers coming to India for arbitration, he said there is a great deal of uncertainty due to the limitations in the current law. "India urgently needs to make changes to the Advocate Act, and the most important step is to make institutional arbitration a reality, and public sector undertakings - who have a large number of arbitration - must set an example," he said.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)

Download The Devdiscourse News App for Latest News.



WEF 2020: Trump seems politically correct in pulling out from Paris Agreement

If the survey of the World Economic Forum WEF is believed, Trump seems to enjoy the confidence of his people in flaying climate intuitions and climate activists. His preference for economic development over environmental protection not only...

From home to healthcare, here are Robotic innovations transforming lives

Lovot is equipped with more than 50 sensors such as thermography, microphone array, obstacle detection, and touch sensor to generate motion and emotions in real-time....

Translating words to deeds: Achieving gender parity in access to financial resources

... ...

SDG13: How you can reduce global warming by changing your food habits

The mega narratives of various international organizations give the impression that fighting global warming is only a job of government agencies. However, the European Investment Bank EIB has designed a questionnaire which besides making th...


Latest News

Pakistan slips three spots to rank 120 in global Corruption Perceptions Index 2019

Pakistan slipped three spots to rank 120 out of 180 countries in the global Corruption Perceptions Index CPI 2019 released by Transparency International on Thursday. The country was assigned a score of 32 on a scale of zero to 100 -- with z...

In veiled attack, Chhattisgarh CM likens PM Modi, Amit Shah with 'Hitler'

In a veiled reference, Chhattisgarh Chief Minister Bhupesh Baghel on Thursday likened Prime Minister Narendra Modi and Union Home Minister Amit Shah with German dictator Adolf Hitler. Baghels remarks came a day after Shah had asserted that ...

US refuses to extradite diplomat's wife over teen's death: British govt

The United States has rejected a request by the UK government to extradite the wife of a diplomat who was involved in a car accident that killed a teenager, the British government said Friday. The case of Anna Sacoolas, 42, has been a thorn...

Watching impeachment from afar, same divide but little persuasion

At his nearly century-old diner in the western Ohio town of Defiance, third-generation owner Karl Kissner has turned on Fox News for live coverage of President Donald Trumps impeachment trial. For his many customers who arent interested, th...

Give Feedback