India positioned to lead in commercial arbitration, mediation: SC Judge

SC Judge on mediation: Supreme Court Judge Hima Kohli stressed the efficacy of arbitration and mediation as the swiftest and most efficient means of resolving disputes. 

Speaking at the Conference on Ease To Justice Through Arbitration and Mediation in Commercial Disputes organised by the Indian Council of Arbitration (ICA) in North Goa, Judge Kohli highlighted India's potential to become a premier destination for international commercial arbitration and mediation.

Judge Kohli underscored India's pivotal role in global business transactions, acknowledging the inevitability of disputes and stressing upon the importance of alternative dispute resolution (ADR) mechanisms such as arbitration and mediation. 

She stressed the necessity of enforcing ADR awards to sustain economic growth.

Recognising the ICA's longstanding efforts in promoting ADR, particularly arbitration and mediation, Judge Kohli expressed confidence in the effectiveness of these alternatives in alleviating the burden on courts, facilitating decision-making, and fostering closure between disputing parties.

In the context of today's rapidly evolving global landscape, Judge Kohli highlighted the surge in commercial transactions spanning cultural and geographical boundaries, leading to an array of legal challenges. 

She noted the role of ADR in addressing these complexities, citing its flexibility, efficiency, and adaptability as valuable assets in navigating the intricacies of global business.

Judge Kohli commended India's progressive legislative framework, judiciary's commitment to arbitration enforcement, and the robust institutional underpinnings supported by the rule of law. 

She further said India's strides in leveraging digital technology to dismantle geographical boundaries and facilitate online dispute resolution.

Echoing Judge Kohli's sentiments, Justice Mahesh Sharadchandra Sonak, Judge at the High Court of Bombay in Goa, highlighted Goa's conducive environment for embracing ADR, rooted in its tradition of peace and harmony.

(With PTI Inputs)