ALTERNATIVE DISPUTE RESOLUTION UNDER CPC - A CRITICAL ANALYSIS
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https://doi.org/10.55662/Abstract
Under Code of Civil Procedure, 1908, Section 89 and Rules 1A, 1B and 1C in Order 10, provides for settlement of disputes through Alternative Dispute Resolution mechanism. These are the out of court methods to resolve the disputes which the court can order if it feels so, but not bound to order in every case.
The first Indian Arbitration Act was enacted in 1899, which was replaced by the Arbitration Act, 1940 which in turn was replaced by the Arbitration and Conciliation Act of 1996. The Law Commission of India in its 163rd report voiced its concern on CPC Amendment Bill 1997 regarding the quality of justice which was being delivered with delay and stated that it poses a threat to the justice. It weakens the justice as the memory of witnesses will weaken and also the evidence presentation becomes difficult
There are several relevant cases with relation to this section, some of which are Afcons Infrastructure v. Cherian Varkey Construction and Salem Bar Association cases I and II which were the turning point for alternative dispute resolution mechanism in India. But if a case does not result in fruitful solution then that case will have to be dealt by the court at the end so as to fulfill the purpose of delivering justice. This section has been repealed and then reinserted after a bit consideration. There were certain committees formed for this purpose.
The main motive behind formation of this mechanism is simple, to ensure efficient, speedy trial which is also cost efficient and in the ultimate benefit of the parties. As it has been observed that the number pendency of cases in courts is rising day by day. Therefore to lessen the burden upon the courts was also a purpose behind the insertion of this section.
In this project, there is a brief description of what the section 89 entails in connection with alternative dispute resolution mechanism in context of India. It covers a limited scope while covering all the relevant acts therein. Also what is the constitutionality of this section which was previously challenged will be discussed. And finally what is the current position of this section in India will be analyzed critically.
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