Lok Sabha Question No. 1315 (UNSTARRED), answered on 2024-02-09
Subject: Alternative Dispute Redressal Mechanism
Ministry: LAW AND JUSTICE
Asked by: Nayab Singh, Rita Bahuguna Joshi, Shrikant Eknath Shinde, Krishna Pal Singh Yadav, Unmesh Bhaiyyasaheb Patil, Sujay Radhakrishna Vikhepatil, Heena Vijaykumar Gavit

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF LEGAL AFFAIRS ****

## LOK SABHA

UNSTARRED QUESTION NO. 1315 TO BE ANSWERED ON FRIDAY, THE 9th FEBRUARY, 2024

## Alternative Dispute Redressal Mechanism

## 1315. SHRI NAYAB SINGH:

PROF. RITA BAHUGUNA JOSHI:

DR. SHRIKANT EKNATH SHINDE:

DR. KRISHNA PAL SINGH YADAV:

SHRI UNMESH BHAIYYASAHEB PATIL:

DR. SUJAY RADHAKRISHNA VIKHE PATIL:

DR. HEENA VIJAYKUMAR GAVIT:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) the measures taken by Government in the field of alternative dispute resolution mechanism during the last ten years;
- (b) the main features of the India International Arbitration Centre Act, 2019;
- (c) the expected outcome in ease of doing business and pendency of cases in the regular Courts;
- (d) the manner in which the Ministry has contributed to the digitization of the Indian legal system; and
- (e) the steps taken by the Ministry to reduce the backlog of cases in traditional Indian Courts?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS; AND MINISTER OF STATE IN THE MINISTRY OF CULTURE (SHRI ARJUN RAM MEGHWAL)

****

- (a) During the past decade, the Government of India has taken various initiatives in the realm of Alternative Dispute Resolution (ADR) mechanisms.  Various initiatives have been taken to strengthen these mechanisms and make them user friendly, cost effective and expeditious. The major initiatives taken by the Government over the years in this regard include-

The Arbitration and Conciliation Act, 1996 (Act,1996) has been progressively amended in the  years  2015,  2019  and  2020.  These  amendments  aim  at  ensuring  timely  conclusion  of arbitration  proceedings,  neutrality  of  arbitrators,  minimizing  judicial  intervention  in  the arbitral process and quick enforcement of arbitral awards.

The  India  International  Arbitration  Centre  Act,  2019,  was  enacted  to  provide  for  the establishment  and  incorporation  of  the  India  International  Arbitration  Centre  (Centre),  a centre  of  national  importance   for  the  purpose  of  creating  an  independent  and  autonomous body, for facilitating institutional arbitration.

The  Commercial  Courts  Act,  2015  was  amended  in  the  year  2018  to  provide  for  PreInstitution Mediation and Settlement (PIMS) mechanism.

The Mediation Act, 2023, enacted recently, lays down the legal framework for mediation.

(b)  The  key  provisions  of  the  India  International  Arbitration  Centre  Act,  2019 inter-alia include  provisions  relating  to  establishment  of  the  Centre  as  an  institute  of  national importance for domestic and international arbitration; composition of the Centre; objects and functions of the Centre; finance accounts and audit of the Centre; setting up a Chamber of Arbitration, for empaneling professional arbitrators at national and international level; setting up  an  Academy  to  train  arbitrators  and  power  to  make  rules  and  regulations  for  the functioning of Centre.

(c) The legislative reforms with respect to the Arbitration and Conciliation Act, 1996 have facilitated the minimization of court-intervention in arbitration, and cost effective settlement of commercial disputes thereby enabling ease of conducting business.

To ensure resolution of commercial disputes expeditiously, fairly and at reasonable cost  the Commercial Courts Act, 2015, has been enacted.

The  Mediation  Act,  2023  is  also  expected  to  be  a  pivotal  legislative  intervention  towards providing  standalone  law  on  mediation  and  enabling  the  growth  of  a  culture  of  amicable settlement of disputes out of court .

(d)  The  eCourts Mission Mode project, as part of the National eGovernance Plan, is under implementation  since  2007  for  ICT  development  of  the  Indian  Judiciary  based  on  the 'National  Policy  and  Action  Plan  for  Implementation  of  Information  and  Communication Technology in the Indian Judiciary' .

(e) The disposal of pending cases in courts is within the exclusive domain of the judiciary. The Government has no direct role in disposal of cases in courts.