2nd memorial webinar in memory of Justice Punchhi organized
- October 10, 2021
- Updated: 12:23 am
DW BUREAU / CHANDIGARH
The 2nd memorial webinar in the memory of Justice Madan Mohan Punchhi, former Chief Justice of India was hosted by Sanjay Tandon, son-in-law of Justice Punchhi, through Competent Foundation.
The programme was anchored by Justice Punchhi's grandson, Satyam Tandon, also a practicing advocate at the Punjab and Haryana High Court. Senior Advocate Pawan Mutneja welcomed the panelists and Ashu Mohan Punchhi, Public Prosecutor gave the closing address.
The orators reminisced about Justice Punchhi's unique takes on morality and law and how during the entirety of his professional career, he upheld the principles of fairness and integrity without fear or favour.
The first speaker of the programme was by Dr. P.C. Markanda. Dr. Markanda shared practical and valuable insights to make India a hub of arbitration. These included that the Central government, public sector undertakings and the state government provide in the arbitration laws in its standard documents that it shall be mandatory that New Delhi shall be the centre of Arbitration. As so far it isn't mandatory.
He highlighted the creation of an autonomous regulatory body; present body is wholly dominated by government officers thus triggering lack of confidence from foreign players, creation of special arbitral bar and bench and how it is critical to improving the quality of current arbitral institutions and practices in India in general. It will also ensure lawyers can devote more time to arbitration alone. He stressed timely conduct of procedure, Section 23 of the act does provide it, however it had hardly being implemented in any of the reported cases. It should be made mandatory that it should be obligatory on the part of arbitrator to hear the matter in one go. He also underlined the need for promotion of institutional arbitration and change in arbitration cultural, steps need to be taken to change exiting mindset.
Thereafter, the second speech was by Senior Advocate, Ranjit Kumar. He emphasized how much important it is to change the current mindset, ensure timely action, and to make it inexpensive in order to bring more and more commercial arbitration cases in India which mostly are going out of India due to certain reasons. The MSME act prescribes a counsel to take up arbitration in that state and there is emphasis that needs to be laid therein to make MSME arbitration attractive. There ought to be party autonomy: interference of courts must be minimized. Panel of young lawyers who will exclusively do arbitration cases only: the young lawyers must form a separate bar for arbitration and become specialists in it and not treat it as a secondary source, but a primary source. 2019 act provides for the academy, which is very good. He also made a plea for getting rid of the mindset that only to have retired judges as arbitrators.
While speaking Law Minister Kiren Rijiju stated that the government is taking suggestions from various specialists in the field of arbitration. The measures to be taken would focus on ensuring arbitration doesn't become very expensive, is institutionalized and is accessible for all.
He also spoke about the effects of an upcoming mediation bill that shall have a consequential effect on arbitration as well. He also welcomed inputs from the panelist and other specialists from the legal field to help create the infrastructure and system we are aiming to achieve. Our aim should be to make the legal world simple for the common man in order to reduce the stigma around it.
(editor@dailyworld.in)