NEW DELHI, June 21: Chief Justice N V Ramana Tuesday allayed apprehension about the increasing interference of domestic courts in the arbitration process and said the Indian judiciary treats all parties including foreign entities equally and equitably.
“In recent years, there has been some apprehension in the minds of parties about increasing interference of domestic courts in the arbitration process. Let me assure you, Indian Courts are known for their pro-arbitration stance. Courts in India assist and support arbitration and leave the substantive part of adjudication to the Arbitral Tribunal itself.
“The Indian judiciary is recognised for giving paramount importance to the rule of law. The Indian judiciary eternally guards the constitutional rights in the world’s largest democracy. You can trust the Indian judiciary for its absolute independence and its inherent constitutional strength to treat all parties equally and equitably,” Justice Ramana said.
The CJI was speaking at the annual meet of Indo German Chamber of Commerce on the theme “Arbitration in a Globalised World – The Indian Experience at Dortmund in Germany.
He said the Constitutional Courts of India – the High Courts and the Supreme Court – have the power to judicially review every act of the Government.
“They can strike down any law that is not in tune with the Constitutional principles. They can also set aside the arbitrary measures of the executive,” he said.
Ramana said the Indian Constitution enables any person or entity, including a foreign entity, to approach any legal forum in India for redressal of grievances.
“Indian Courts do not discriminate on the basis of country of origin. All are equal before the Courts of law in India. Indian Courts have, over time, allowed broader scope for arbitrability of disputes.
“This attitude of Indian Courts has further increased the importance of International Arbitration, particularly when it comes to countries like India and Germany. Technology transfer agreements, licensing rights, royalty rights, and other such IPR-related agreements are often subjects of arbitration agreements between corporates,” he said. The CJI said in order to fast-track disposal of commercial disputes, Parliament has also enacted the Commercial Courts Act, which provides for the establishment of dedicated Benches for commercial matters. (PTI)
“This has led to further streamlining and speedy dispensation of justice in commercial matters. There are instances of the Indian legislature amending the laws to end long-pending commercial disputes,” he said. (PTI)
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