Issue Of Fees Charged By Arbitrators Under Centre's Consideration: Law Minister Arjun Meghwal While Inaugurating Arbitration Centre At Kerala HC

The Arbitration Centre will serve as a dedicated venue to provide arbitration services at the High Court. It is a more affordable, time effective and specialized means of dispute resolution. This will also deal with commercial disputes involving the government. The Arbitration Centre under the aegis of the High Court will also instil more confidence in the parties.

While inaugurating the Centre, Meghwal mentioned that two proposals in the realm of arbitration are being considered by the government.

“These are challenges in arbitration field... Set aside arbitration award on formal grounds, some grounds are listed but sometimes we have seen setting aside of arbitration award on formal grounds. That is under consultation process. Second issues is fee issue…Retired judges are taking.… it is an issue.”

Minister said that the Arbitration laws have undergone significant changes in the last few years to enable faster and cost effective dispute resolution.

“Initially the Arbitration and Conciliation Act was enacted in 1996 with a view to consolidation and to amend the laws relating to the domestic arbitration and traditional and commercial arbitration and enforcement of foreign awards. Since 2014, arbitration law has undergone significant changes in 2015, 2019 and 2021 to keep pace with changing paradigms in the arbitration landscape to enable arbitration as a dispute resolution mechanism. The changes bring phenomenal shift in timely conclusion of arbitration proceedings, minimizing judicial interventions in the arbitration process and enforcing the arbitral awards. “

Acting Chief Justice A Muhamed Mustaque, launched the website of the Arbitration Centre. The website would enable parties to access arbitration services and information.

Justice Mustaque said that most of the commercial disputes involving the government come to the High Court in the form of writ petitions under Article 226 of the Constitution. Justice Mustaque expressed the hope both the Central government and State government would now refer commercial matters to the Arbitration Centre.

Justice Mustaque stated that our goal should be to adopt hybrid dispute resolution systems, such as Med-Arb, to settle conflicts. It was stated that time of Courts must be used to address matters involving larger public or societal interests rather than focussing on individual disputes.

Justice Dinesh Kumar Singh, Justice P B Suresh Kumar, Justice C S Dias, Justice T R Ravi, Justice S Manu, Additional Solicitor General of India ARL Sundaresan, Member of Parliament Hibi Eden, Director of Arbitration Centre Judge Jubiya A were also present during the event.