Tell us about yourself ?
I’m an outspoken person, who enjoys her own space and time as much as interacting with people. As a final year law student, I continue my educational journey and hope to have an active legal career.
What according to you is the necessity to emphasize the application of the Principles of Natural Justice in Indian Arbitration?
In my opinion, the principles of natural justice are the essence of dispute resolution. They are essential to the process of arriving at a just decision, which gives both parties a sense of fairness and equality. The principles ensure that both sides get a fair shot at representing their arguments and the consideration of these arguments without any bias.
What was the significant observation of court in relation to natural justice in the landmark case of Maneka Gandhi vs Union in India?
Maneka Gandhi’s passport impounding case has been a landmark decision in the Indian legal system. It highlights the principle of audi alteram partem which emphasizes on the right to be heard of a party in a matter. In relation to natural justice, this principle holds extreme importance to give the party the opportunity to put forth their arguments.
How can you state that the Arbitration and Conciliation Act, 1996 does not satisfy the requisites of Natural Justice?
It would be incorrect to say that the act does not satisfy the requisutites of natural justice. An interpretation of the act implies the utility of these principles. However, the act does not in express terms house these principles and leaves it upon the judiciary to interpret the scope of the principles of natural justice in the arbitration and conciliation act,1996.
Does arbitration have an upper hand over regular litigation in courts as a result of people’s faith in this dispute resolution mechanism? If so, how can we strengthen this faith?
In my opinion, arbitration is still a developing field in india. Since decades this country has been in touch with the long process of court litigation and has imposed immense faith and trust in the Indian judiciary, and rightly so. However, the mechanism of arbitration is still in its early stages, even due to the extent of arbitrability of issues. The faith in arbitration can be strengthened by making it more transparent and regulated.
La Senatus Scriptors 