Handling The Overload Of Litigations Through ADR

There is an overload of cases in our nation at present. The Indian law ecosystem is faced with this as a major challenge and is working on creating timelines for cases and settling them within that timeline. Addressing conflicts within our societal norms with the bottom line that the arbitration process becomes redundant if timelines are not adhered to, there was a detailed panel discussion.

Moderated by Juvraj Singh Bindra, Partner, Cyril Amarchand Mangaldas, this panel discussion which mainly revolved around talking about disputes that occur within the country with the overload of litigation, also shed light on aspects that are creating challenges for the legal system in the country.

Overload of cases and arbitration

Rashmi Kathpalia, Director, Legal & Compliance, Technip Energies India Ltd., feels that they ventured into arbitrations due to the overload of litigations, of cases, that we needed ADR. She mentioned that, “The advantage of this is we are able to maintain timelines. Arbitration is necessarily requiring short timelines. When we go into arbitration as a general counsel I can speak and by the time I have taken the matter, I have already done several rounds of conciliation, completely ready with the content being available to the claimant as well as to the respondent.” She also said that however if after the process she mentioned, one goes into arbitration, and starts asking for extra time as compared to the schedule decided and under the rules of various organisations, then the 18 months of which they are required to complete those arbitrations, go to waste.

Mediation as a concept

Rajiv Malik, Dy General Manager- Legal (Noida Mfg) LG Electronics, stated that a conflict in any society is always inevitable but the combat is optional. He said that, “Litigation is a major challenge which should be addressed and mediation is the other way out. Mediation is a very simple technique which we should adopt as an ADR mechanism. We just spoke about the Mediation Act and hence we should accept that mediation is not a new concept.” He went on to say that mediation is moving towards peace and he is in favour of it as it will be a big boon for the legal system in India.

Sanjukta Kulkarni, EVP & Global General Counsel, LTI Mindtree stated that, “One of the most critical things in any dispute is the timing of referring it to mediation. You will not be able to get the kind of resolution that you want, both from the company’s board and the other party might not be interested if you decide to take it to mediation straightaway. Here I am referring to ad-hoc mediation and not what is already agreed, as, if it is agreed it is different.” She went on to say that one can also go for ad-hoc mediation if necessary.

Prashanto Chandra Sen, Senior Advocate, Supreme Court of India said that, “Mediation has taken over in many ways because arbitration has lost its spirit. It has become too complex.” He also mentioned that as mediation has a lot of scope and is a very important aspect.

Enforcement issues

Mehak Oberoi, Legal Head/General Counsel for GE Vernova, Hydro Power – APAC said that, “Currently what India needs to look into is the enforcement issues. I have been stuck in an enforcement procedure since the last 4 years, and the other party has used every possible trick in the book to postpone that.” She mentioned that this is what we really need to work on.   she signed off.