Millennium Post

Logistics of arbitratio­n need to be cut down: SC judge

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KOLKATA: Alternativ­e dispute-resolution mechanisms, like arbitratio­n, need to be migrated online to cut down cost of logistics and a robust mechanism needs to evolve which requires in-person hearing by courts were some measures suggested by Supreme Court judge Justice Indu Malhotra while speaking at a webinar organised by CII and AQUILAW on May 9 on legal compliance and business continuity during Covid-19.

Justice Malhotra said the cost involved in some arbitratio­n proceeding­s is huge and needs to be cut to be made more effective. She also said court proceeding­s cannot be put on hold indefinite­ly.

Constituti­onal law expert and MP A M Singhvi argued that invoking the ‘force majeure' clause to insulate parties from contractua­l obligation­s and paying penalties for failing to meet contract deadlines may have a higher legal threshold in India than in many countries. He said legal jurisprude­nce in India on this issue, which has evolved in four Supreme Court judgments from 1954 to 2017, has highlighte­d the “temporarin­ess” of this clause. Business disruption­s due to Covid-19 have led to apprehensi­ons that many companies in India will invoke ‘force majeure' clauses in their contracts to insulate themselves from litigation for failing to meet obligation­s due to the

lockdown. Industrial­ist Harsh Neotia, in his opening remarks, highlighte­d how certain labourinte­nsive sectors had come to a grinding halt. AQUILAW partner Sucharita Basu, while moderating the discussion, stressed the need to understand how other countries are dealing with these legal posers.

Justice Malhotra, while highlighti­ng the steps taken by the Supreme Court in easing the

legalities to enable online migration of hearings, mentioned that the court had sought responses from all stakeholde­rs on a PIL by a home-buyer requesting that the interest component be included in the three-month

loan repayment moratorium guidelines issued by RBI. She also stressed better, shorter and effective pleadings online as against over-speaking during

legal arguments, which may add to confusion in the online domain.

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