In what could be called the new government’s efforts to ease litigations and increase foreign funding, the Law minister Sadananda Gowda has said that India plans to amend its arbitration law, setting time limits for courts and easing judicial rules to decide corporate disputes, as it seeks to attract more foreign investment. The minister said that government is bringing a new litigation policy to ensure that departments do not sue each other and cases are settled through arbitration and reconciliation.
A government panel has suggested limiting courts’ authority to overrule arbitration awards and fixing time limits and fees to settle legal cases. The government earlier deferred plans to issue an executive order to amend the law, as it wanted the parliamentary approval. The next parliament session begins on February 23, with finance minister Arun Jaitley due to present his budget. Gowda said that Arbitration Act would be amended to ensure that cases were settled in India itself. Due to lack of infrastructure facilities, including manpower shortage, many go for arbitration outside India.
The minister has also said that the government also plans to set up separate commercial courts to speed the resolution of corporate disputes, a move that could unlock billions of dollars in investments. The Law Commission in its report on judicial reforms has recommended establishment of separate benches in the high courts for speedy disposal of cases related to commercial and financial matters.
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