Resolve Private Disputes Through ADR Methods So That Courts Can Focus On Larger Public Issues: Justice Muhamed Mustaque
Acting Chief of the Kerala High Court, Justice A Muhamed Mustaque, said that the time and resources of Courts must be used for issues concerning larger public interest rather than addressing private disputes. He stated efforts should be taken to resolve private issues using other dispute resolution methods so that Courts can look at matters involving larger public interests.
Justice Mustaque was speaking at the inaugural function of the Arbitration Centre at the Kerala High Court.
He said that both the government as well as the contractors find it difficult to adjudicate their disputes in a formal system because of the nature of the dispute and the evidence involved in it. He thus expressed the hope that both the Central and State Governments will include arbitration clauses in their contracts and refer their disputes to arbitration.
“Kerala Government in policy has not keen in referring to Arbitration Centre after the issue relating to the Kallada projects. Kerala government legislated to nullify the arbitration clauses entered in the contracts. Of course, there was a challenge against the legislations ultimately it went to the Supreme Court and the Supreme Court upheld the challenge holding it as unconstitutional. I hope that the Kerala Govt will show the interest to refer disputes to the Arbitration Center.”
Justice Mustaque stated that a large number of commercial disputes involving contracts come to the High Court as writ petitions under Article 226 of the Constitution. The Arbitration Centre at the High Court will also deal with commercial disputes involving the government.
“We have criminal revisions pending for over 20 or 25 years. we cannot pay attention to those cases because of large volume of cases. We have total of 2.5 lakhs cases so we need our policy in place to promote dispute resolution mechanism so our service in formal system is more focused in promoting larger public interest and societal interest.”
He said that the Arbitration Centre established under the aegis of the High Court would serve as a credible platform, instilling confidence in litigants to resolve their disputes through alternative dispute resolution methods instead of the formal justice system.
Justice Mustaque pointed out we should look at people who cannot afford to settle their disputes through the mainstream justice delivery system. He mentioned that Arbitration laws mostly cater to commercial or business interests, whereas mediation laws tend to offer the resolution of disputes cost-effectively and in a simpler manner.
Justice Mustaque thus emphasized the importance of looking at Med-Arb as a dispute resolution mechanism where if a dispute is not resolved in mediation, then it could be resolved in arbitration. He said, “I think that should be our aim, I think that combination of hybrid form of resolution of disputes will certainly bring a new approach in settling the disputes.”