No Lawyers, Please

well, its a good moot point but I am not in agreement with an opinion that the arbitration shall replace the normal litigation.  there are few basic reasons like:

1. lack of proper education, though we are making progress in terms of imparting education but the level which is being maintained is not enough to conclude that an average Indian would be in a position to deal with the technicalities of law.....it may be observed that India is not just confined to metros, India lives in villages.

2. lack of legal education, one could even find highly educated individuals finding tough to deal with law.

3. our socio-economic structure is such that generally we lack tolerance may it be a rural level or big commercial level, u can c the recent dispute between the Ambanis, Birlas and the on going one between descendants of Maharani Gaytri Devi.

4. lack of litigation policy, neither the center nor the states are maintaining appropriate litigation policy.

5. lack of infrastructure, the lower courts in India are still struggling to find a decent atmosphere and work culture.

its my view point, a few may find favour and a few may have different opinion, let see what other friends think.

And hopefully the discussion will not go astray with personal remarks against each other.......but u know lack of tolerance 

i highly appreciate the decent  way of presenting your opinion in this regard Mr.Kiran.

However, I feel there could be an option for arbitration,so that,one has a choice

Thank you very much Mr.BASAVARAJ.R you have brought us wonderful massage.

Let all our learned members disc ussed this.

In my opinion, Arbitration is a 'substitute' to the the judiciary...  But, not other way round.

(We go for LLM by correspondence only because we don't have time for the regular LLM :P )

what is discussed above is until arbitration. The enormous delay in deciding post award sec 34 application and sec 37 appeal , with no relief to the awardee would reflect the agonisng delay in legal process.  

All learned members agree to the point to have Arbitration prior to legal proceedings,..

Well said by Mr. Kiran that India lives in villages, but matter of fact is that the literacy % has changed enormously and the people in Metros are nothing but the people moved from Villages.

Having said that still I agree to the point of Mr. Kiran that highly educated individuals are finding it tough to deal with Law. With due regard and respect, i wish to put forward a common phenomena that holds within every individual is "keep yourself away from the LAW", which is absolutely pathetic and that needs to be changed, which could only be changed at fundamental education level.

Not deviating from the subject, Indian Laws were nothing but complete Extract of Basic English Common Law and has every provision to follow what the orginator has shared, and what said by Mr. Rajasekaran is absolutely true is what concerns the most when the Arbitral award is set aside u/s 34 of IACA 1996.

The flaw is not on initiating the Arbitration process but it relies on the fundamental issues such as the qualities, competeness and qualifications of an Arbitrator, which needs to be checked by the Indian Council of Arbitration before enrolling them as a Panel Arbitrator, and this is being a weary issue till date. Therefore, an Arbitartor nominated should posses sound knowledge in the Subject in dispute as primary and Law the secondary.

Moreover, "Unfair Conditions in Contracts" as recommended by the Law Commission vide 103rd report in the year of 1984 and susequently raised again in the year of 2006 vide 199th Report should be introdcued by the Cabinet either in Arbitration Act 1996 or in Indian Contract Act 1872 in order to minimize the disputes and/or award favoring the weaker and inevitably would solve the entire purpose. Again the FLAW is fundamental and not in the currency.

I sincerely applogise if any one feels otherwise and sincerely wish our nation to succeed by minimizing the disputes heading to legal proceedings, having done that we shall concentrate on other issues on which we are MILES and MILES behind US and UK.