SC Judge Advocates Arbitration and Mediation for Efficient Dispute Resolution

Justice Hima Kohli

Supreme Court Judge Hima Kohli emphasized that the swiftest and most efficient resolution to disputes is through arbitration and mediation. She highlighted India’s potential to emerge as a leading global hub for commercial arbitration and mediation.

Judge Kohli made these remarks as the chief guest at the Conference on Ease to Justice Through Arbitration and Mediation in Commercial Disputes, organized by the Indian Council of Arbitration (ICA) in North Goa.

She stressed that India, being at the forefront of business and global transactions, is bound to encounter disputes.

“The quickest and easiest resolution would be through alternate dispute resolutions like arbitration and mediation. The enforcement of the Alternative Dispute Resolution (ADR) award is imperative to keep the economy buoyant,” she stated.

Judge Kohli further acknowledged the efforts of the ICA in promoting ADR and organizing conferences like these as a progressive step. She emphasized that while court litigation remains crucial, well-developed alternative dispute resolution mechanisms can alleviate the burden on courts, expedite decision-making, and foster closure between disputing parties.

In the context of globalization and increased commercial transactions across cultural and geographical boundaries, Judge Kohli highlighted the growing complexity of dispute resolution, particularly in international trade and investments. She emphasized that ADR, known for its flexibility, efficiency, and adaptability, has become indispensable for navigating the intricacies of global business.

“Alternative Dispute Resolution (ADR) has emerged as a powerful tool for businesses. ADR is known for its flexibility, efficiency and adaptability, making it valuable for navigating the complexities of global business,” she asserted.

Judge Kohli further commended India’s legislative framework, judiciary’s commitment to arbitration enforcement, and solid institutional underpinnings, bolstered by the rule of law. She noted the country’s strides in dismantling geographical boundaries through digital technology to facilitate online dispute resolution.

In agreement, Justice Mahesh Sharadchandra Sonak, Judge at the High Court of Bombay at Goa, pointed out that Goa, with its tradition of peace and harmony, is an ideal location to earnestly explore such initiatives.

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