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Develop Delhi like Singapore for legal tourism, says ex-SC judge
The main requirement, the former judge said, is to create a kind of an environment in India which is Alternate Dispute Resolution (ADR)-friendly.
Create the right ecosystem to develop Delhi as a model like Singapore for legal tourism, said former Supreme Court judge Arjan Kumar Sikri at an arbitration conclave held in the Capital on Saturday.
Participating in the “Arbitrate in India Conclave 2022”, justice Sikri said, “Why not develop Delhi as a model like Singapore and have legal tourism...The question is whether we will be able to create a kind of an environment to nurture legal tourism. As of now, many countries have been able to achieve it and Singapore is one of the examples if we talk in the context of Asia.”
The main requirement, the former judge said, is to create a kind of an environment in India which is Alternate Dispute Resolution (ADR) -friendly.
ADR involves cost-friendly and speedy method to resolve disputes. “This also involves creating an environment where the stakeholders are comfortable to get their issues resolved in India,” the judge said, while addressing the event organised by the Indian Dispute Resolution Centre, coinciding with their second year since establishment.
Additional solicitor general (ASG) Balbir Singh who was part also of the panel said, government has prioritised conflict resolution. He said, “If India wants to achieve $ 5 trillion economy, the resolution of disputes in India at any level is a primary objective which is going to contribute to this and the government is conscious of that.”
While creation of institutions for international arbitration is the first step, he added, “For any institution, until and unless it earns a name for itself in the form of a people-chasing institution, the stakeholders are important. People around the globe are free to participate in these arbitral proceedings….So, there should be a facilitation to allow these kinds of stakeholders to come in. So, the environment has to be conducive. And lastly, more facilities have to be created.”
Justice Sikri said that going by the example of Singapore or previously, Hong Kong or Malaysia and Dubai, the success is achievable where the court’s role is equally vital. “Many judges are of a perception that “these are rich people, they are from outside and have come and invested the amount here, why should they be prioritised?” But since these (commercial) disputes affect everyone including the not so rich, so we need specialist judges who have a proper outlook.”
Stating that commercial disputes impact economy, the former judge who is a well-known face in international arbitration said, “On one hand, we are talking about the ease of doing business, we are talking about FDIs. So, we have to create that ecosystem as the $ 5 trillion economies cannot happen unless contract enforcement is there…. if we want to create commercial courts in other cities apart from Delhi and Mumbai, we need judges who are dedicated to this and we are able to spare judges for this.”
This will require additional judges as justice Sikri noted that in India, there is a problem of arrears and courts are supposed to deal with all kinds of cases. “I have said in one of my judgments that there is a deep connect between the law and economics and even when judges decide those issues which have bearing on the national economy, they have to be careful how to decide. So that kind of mindset and expertise has to be there,” he added.
ASG Singh said that interplay of courts and arbitration institutions is the way forward. “Courts need to play a positive role. In the last decade, we have seen some progressive amendments in the Arbitration Act and several commercial courts have been established for speedy trial. The interference in the final award has certainly reduced to a great extent.”
He insisted on having a trained pool of arbitrators, domestic as well as foreign arbitrators and said, “We may have good arbitration centres in Hong Kong, Singapore, but once we start with it in India, if we are able to show our work and demonstrate the world that we’re successful, then it will spread to other countries as well.”
The other panel members at the event were advocate Tejas Karia and Vanita Bhargava. The panel also took questions from the gathering of lawyers at the event. Responding to a query on artificial intelligence helping the courts, justice Sikri said, “Introduction of artificial intelligence in judiciary is becoming a challenge. The challenge is that it should not substitute the lawyers’ fraternity or judicial system but should be supportive.”
