Following a recent surge in violent incidents, including mass stabbings and car rammings, China’s Justice Ministry is bolstering investigations into local disputes, focusing on family, property, and workplace conflicts. Authorities are emphasizing early dispute resolution and preventative measures to maintain social stability.
The Union Law Ministry in India has initiated a comprehensive review of the country’s arbitration system, seeking details on all arbitration proceedings involving the Centre over the past 24 years. This move comes as part of the government’s efforts to reduce the pendency of cases, lower legal costs, and improve the efficiency of dispute resolution in the country. The ministry aims to analyze the data and identify potential areas for amendments to the Arbitration and Conciliation Act, which governs out-of-court dispute settlement.
India’s Attorney General R. Venkataramani has indicated that the Arbitration and Conciliation Act, a crucial law for out-of-court dispute resolution, requires further review and potential amendments. This comes after a controversial advisory from the finance ministry urging government entities to avoid arbitration for disputes exceeding ₹10 crore, citing high costs and longer resolution times. The attorney general’s statement aligns with the government’s broader aim to make India an arbitration hub and reduce the overwhelming pendency of lawsuits in the country’s courts.
Chief Justice of India DY Chandrachud expressed concern over the frustration of people with court proceedings and advocated for institutionalizing Lok Adalats as an effective alternative dispute resolution mechanism. He highlighted the success of the recent Special Lok Adalat, emphasizing its ability to provide swift and accessible justice, particularly for those seeking to avoid lengthy court battles.
The Supreme Court commenced a five-day Special Lok Adalat on Monday to facilitate amicable resolutions of disputes. Chief Justice of India DY Chandrachud emphasized the importance of the Lok Adalat system in achieving speedy and peaceful settlements, highlighting a divorce case resolved amicably at a previous Lok Adalat. The initiative aims to address minor cases like service, labor, and land acquisition disputes, marking the 75th anniversary of the Supreme Court’s establishment.
An expert panel tasked with drafting rules for an international arbitration centre at GIFT City has recommended significant changes to India’s arbitration and mediation laws, including a shorter time limit for appeals against arbitral awards and the creation of a dedicated high court bench. These changes aim to expedite dispute resolution and attract more foreign investment to India’s first International Financial Services Centre (IFSC).
The Indian government is set to establish the Mediation Council of India (MCI) by the end of the year, aiming to promote out-of-court dispute resolution and enhance the ease of doing business in the country. The MCI, formed under the Mediation Act of 2022, will oversee the regulation, education, and certification of mediators, ultimately aiming to make mediation a preferred method for dispute resolution, particularly for businesses.
India’s Mediation Act, 2023, is revolutionizing dispute resolution by promoting amicable settlements through mediation. The act formalizes mediation and includes various forms, such as pre-litigation, court-annexed, online, and community mediation. Mediation is seen as a synergistic approach to traditional legal procedures, fostering open dialogue and reconciliation. However, barriers to skill development exist, including the current requirement of 15 years of professional experience for mediators. To address this, innovative training methods like co-mediation and shadow mediation should be incorporated into the Mediation Act, 2023, alongside a structured mediation training module in law school curriculum. By empowering the next generation of mediators and integrating mediation into legal education, India can cultivate a robust mediation culture and enhance the efficiency and harmony of its justice system.
