1. Dispute resolution: PM Narendra Modi right in quickening process; here’s why

Dispute resolution: PM Narendra Modi right in quickening process; here’s why

Given the huge backlog of cases in India’s courts, prime minister Narendra Modi is right in wanting to quicken the process of alternative dispute resolution like arbitration—at a recent conference, Modi even spoke of the need to make India a global hub for arbitration.

By: | Published: October 25, 2016 6:22 AM

Given the huge backlog of cases in India’s courts, prime minister Narendra Modi is right in wanting to quicken the process of alternative dispute resolution like arbitration—at a recent conference, Modi even spoke of the need to make India a global hub for arbitration. The speech, however, will carry little conviction till the government’s actions match its words. If the atrocious tax demands made to global firms like Vodafone and Cairn were not bad enough, the government has delayed the finalisation of the arbitrators panel—more recently, in the case of Cairn, it even asked the global arbitration panel to put off the hearings until a similar case with the Vedanta Group was concluded. More famously, the government is in the process of amending its bilateral investment treaties with various countries to exclude tax matters from the ambit of such treaties.

Nor are matters very different in the case of non-tax matters or disputes with local companies. Reliance Industries Limited is embroiled in three to four arbitration matters with the government and in some of them, it had to petition the courts to force the government to appoint arbitrators—in one famous case, the petroleum minister asked intelligence agency RAW to investigate Reliance’s arbitration lawyers and alleged a link between them and the presiding arbitrator. In the case of Antrix-Devas where a global arbitration panel ruled against Isro’s subsidiary Antrix, the government got Antrix to challenge the award in a local court instead of making the payment. With such an attitude, in all these cases, the process of arbitration becomes quite similar to a normal court case with the parties having to first fight to get arbitrators and then battling to get the awards enforced in Indian courts—the case of White Industries which has still not been able to enforce its 2012 award against Coal India is, of course, the most egregious case. The prime minister needs to get his government to take action on these cases if he hopes to convince investors to come and arbitrate in India.

  1. SonaliRanade
    Oct 25, 2016 at 2:09 pm
    It is true what was said before LS election . " One can hate Modi, One can appreciate Modi, but in no case you can ignore Modi" The journalism (political) works on two points either in support of Modi or in against of Modi, any journalist which will part with those lobby who are against lobby will get more attention as max are involved in favour of modi, thus making prominent icon in eyes of viewers to be heard. It is this thought which Bharkha Dutta , or any other reporter. They play simple strategy to get pority . these people have nothing to do with journalism ethics to speak truth, the fourth pillar of democracy has unfortunately became commercial. They have lost patriotism, and principle, now TRP rating has suded all. Showing half truth to rise TRP is tool use by such reporters..
    Reply
    1. SonaliRanade
      Oct 25, 2016 at 2:09 pm
      Journalists like Barkha Dutt are highly qualified yet they behave unqualified. Its very important to know the facts before we criticize people of power like PM Modi. First of all for a true critic he should respect the work a person he criticizes has done no matter what. Yet some people like Dutt fail to realize that and they just see ways to bring down a person in every possible way. So as citizens we should follow the PM and his every plan and initiative before watching TV channels because channels aim publicity by some false stories or even if stories are true then they would be hyped. We must have good discretion and anyways w country knows that the PM works hard daily and tries his best for the good of India. One must know that people ate biased only if they hate the person completely and just want to get rid of him. So the answer would be that please discrete and don't blindly follow TV channels especially who only know how to criticize all the time rather than acknowledging work as well.
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