CJI Dhananjaya Y. Chandrachud also underscores the need for a living, breathing, effective commercial justice system through arbitration that is moving from the fringe as an alternative dispute-solving technique to being a preferred one. He emphasizes the compatibility of arbitration with public policy while giving the courts discretionary power to act if there is a necessity.
In his lecture at the Supreme Court of the United Kingdom, CJI Chandrachud points out that arbitration has permanently transitioned from being an added course of action in dealing with disputes to the primary method of handling disputes internationally.
UK Supreme Court President Lord Reed allows Chandrachud to sit in the President’s chair during his speech over a head of state, highlighting the reciprocation between the two judiciaries. Legal rhinos and arbitration gurus turn out at the occasion.
Chandarchud acknowledges this strain on India’s courts even while admitting that these are dispositions of a large number of cases; a news agency affirms citizens’ faith in the judiciary. But he has faith in opening up the doors of the justice delivery system, although new forms of Dispute redressal have come into being, like arbitration and mediation.
He submits that contrary to the present litigious culture, the constitution can accommodate individualistic legal remedies beyond courts which make arbitration permissible.
The growth in political freedoms, public institutions and the commercial domain allows for an open debate at any level regardless of class, which is ideal for arbitration.
As the Dean of Chandarchud calls for openness in developed states like India through promoting the arbitration culture, he stresses the need to have transparent, responsible, and technologically enhanced arbitral organizations with appropriate gender minorities.
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