The Government is evolving a new scheme to make
arbitration cost effective, time bound and a meaningful alternative
dispute resolution mechanism in order to decongest the courts
of civil cases based on mere facts. In this connection, the inhibiting
factors like high cost of arbitration fees to be paid by the litigants
and want of trained and competent arbitrators are being removed
so that competent persons can be made available as arbitrators
and the litigants are not expected to pay any arbitration fees
Details are being worked out and when these come
into force, it would greatly enable disposal of not only pending
civil cases but also cases that are raised on pure questions of
fact. Steps are afoot to introduce the Arbitration and Conciliation
(Amendment) Bill to amend the Arbitration and Conciliation Act,
1996 in the forthcoming Budget Session of Parliament.
Efforts are being made to clear the pending civil
cases like the Fast Track Courts that have been set up to dispose
of pending criminal cases. It is found that more than 60 per cent
of civil cases filed, are based on pure questions of fact. Such
civil cases need not necessarily crowd the calendar of civil courts
for disposal. It is in this context, the Government is considering
seriously proposals to set up alternate dispute resolution mechanism
through arbitration, conciliation or mediation so that the civil
courts, where these cases are filed, can be empowered to transfer
those cases, which in their view are based on pure questions of
fact, for arbitration, conciliation or mediation.
