Minister of State for Law & Justice Arjun Ram Meghwal has called for Section 34 of the Arbitration and Conciliation Act, 1996, which deals with setting aside of arbitral awards by courts, to be revisited.He said that he is open to suggestions in this regard.
Union Law Minister was speaking at the valedictory session of the Delhi Arbitration Weekend (DAW).“Now, after all these days of contemplation, I feel time has come to revisit Section 34 of Arbitration and Conciliation Act, 1996. Do you also feel so? So, if you have suggestions please send it to us, my work will become easier.”The Minister stressed that strengthening alternative dispute resolution (ADR) was essential to address the pendency of cases in India and to bolster economic growth.
“Business is not going to work without ADR. Cases are pending for a long time, so there should be an alternate dispute resolution mechanism,” he said.Meghwal pointed to legislative interventions such as the Mediation Act, 2023, the Commercial Courts Act, 2015 and the India International Arbitration Centre Act, 2019.Responding to criticism that the Mediation Council of India had not been constituted despite passage of the Mediation Act, he assured that the government was “moving very fast” and that “good news” would follow soon.
In his valedictory address, Supreme Court judge Justice Surya Kant said that arbitration’s legitimacy rested on two essential pillars - independence and integrity."While independence ensures freedom from influence, integrity assures fairness, transparency, and the confidence of the parties. Without these pillars, arbitration is reduced to a hollow ritual,” he observed.Justice Kant recalled that India’s statutory framework already embeds neutrality safeguards. Section 12 of the Arbitration and Conciliation Act requires disclosure of circumstances that may raise doubts over impartiality while Section 13 sets out a mechanism for challenges.
He cited Supreme Court jurisprudence holding that an ineligible arbitrator cannot even nominate a substitute and that unilateral appointments by interested parties are impermissible.Turning to delays, Justice Surya Kant warned that arbitration risks losing its very purpose if it mimics litigation.“If speed is the soul of arbitration, delay threatens to cripple it entirely,” he said.He concluded by calling for a change of mindset within the profession itself.
Delivering the keynote, Gary Born, Chair of the International Arbitration Practice Group at Wilmer Cutler Pickering Hale and Dorr LLP, traced the history of arbitration. He began with Mesopotamia’s Stele of the Vultures, where a king acted as arbitrator between warring states and a cuneiform tablet recording an arbitral award over water rights.Justice Subramonium Prasad delivered the vote of thanks.
Follow us
