Arbitration has a Long Way to go in India
"I realized that the true function of a lawyer
was to unite parties. A large part of my time during the 20 years of my
practice as a lawyer was occupied in bringing about private compromises of
hundreds of cases. I lost nothing thereby – not even money, certainly not my
soul."
Mahatma
Gandhi's words couldn't have been truer, especially at a time when the backlog
of court cases is so colossal that alternate means of dispute resolution have
evolved from being an alternative to being a necessity. Arbitration has,
especially, gained popularity for business dispute resolution due to the fact
that it allows for private settlement of disputes away from media attention and
ensures confidentiality, unlike Courts which provide a public forum for dispute
resolution.
However,
anybody who has had firsthand experience of being involved in an arbitration
would know that it has a long way to go before it achieves its desired purpose
of becoming faster and more cost-effective than the traditional methods of
dispute resolution. Law firms, with their varied fields of expertise and ready
pool of talent, can play a vital role in driving this shift. Besides, opting
for an experienced law firm is your only bet in securing the desired advantages
from the arbitral procedure because it does hold the potential to take as long
as and be as costly as litigation, unless handled with the care and expertise
that it deserves.
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