Sri Krishna Committee's main Recommendations and Suggestions

Sri Krishna Committee's main Recommendations and Suggestions

Following the committee's observations, the reasons for institutional arbitration's unpopularity in India were discovered. The Commission makes many proposals for improving the role in public of arbitration tribunals and to improve administrative arbitration in India based on the reasons set out in the preceding section. In addition, they also make many recommendations.

The following suggestions are made to improve the efficiency and performance of arbitral institutions and to address problems in their operations:”

Establishment of a Statutory Autonomous Body: At the national level, the Arbitration Promotion Council of India (APCI) should be created. Representatives from the government, the legal profession, and arbitral institutions will make up this autonomous body. The members of the body must have extensive arbitration experience. The key role will be to rate arbitral institutions according to the grading policy, make recommendations for institutional governance, conduct research, and make every effort to promote Institutional Arbitration in India The APCI ratings indicate that arbitrator accreditation is important, as this is one of the major issues that arbitral institutions face. High and Supreme Courts may be encouraged to name arbitral organizations as authority for naming arbitrators based on the APCI ratings suggests that arbitrator accreditation is essential, as this is one of the major issues that arbitral institutions face. The public's perception of organizations would be changed by a jury of qualified and professional arbitrators. The professionals must have extensive qualifications, considerable experience as an arbitrator and their ethical and professional status to be approved as members of an arbitration court. The application process can include interviews, qualifying examinations, advanced degrees from prestigious institutions, and other considerations. It will not be governed by a separate organization; rather, it will be administered by APCI.

Establishment of a specialist bar: The Committee believes that a specialist arbitration bar and arbitration benches should be established in India for the speedy and effective governance of arbitration proceedings. The arbitration bar will be made up of a young and well-trained arbitrator with the extensive experience in arbitration and also with the APCI accreditation. The set-up of a specialist tribunal on the other hand will address arbitration problems, including an appeal for an award pursuant to Section thirty-four of the Act. Commercial judges form the court will function in this panel, which regular seminars on existing arbitration practices will be given. This would aid in the reform of arbitration by providing lawyers and well-informed judges who could encourage international arbitration best practices in India.

Establishment of a Standing Committee: Under the jurisdiction of APCI, a standing committee should be established to ensure that Indian arbitration laws and procedures are up to date. The committee's duties range from updating the government's arbitration policies to supporting formal arbitration. It will also be tracking the rules of the Arbitration and Conciliation Act on a regular basis.

Government's Expanded Function: The government's role will be to actively promote formal arbitration while still providing infrastructure funding. The government could make institutional arbitration easier by assisting in the construction of physical infrastructure and taking measures to create integrated infrastructure, such as Maxwell Chambers.

Promoting mediation as such a viable ADR mechanism: This committee believes that a distinction should be made between ADR and litigation. Other types of conflict resolution are also significant. The committee emphasized the importance of promoting mediation, as the use of mediation as a means of conflict resolution is on the rise. There has been a significant improvement in the way mediation is conducted. The "Med-Arb" hybrid is often lauded for being more effective and giving parties more control than either mediation or arbitration alone. It is proposed that all arbitral institutions create a cell to provide mediation services. The APCI has been given the authority to establish criteria for the mediators' enrollment.

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