An alternative dispute resolution is the method of arbitration under which even without going to court, disputes can be settled. We see cases keep on piling up in the already over burdened courts and it usually takes months and years, in normal course, in deciding the cases. Seeking justice is also felt by large number of people to be a costly affair. Why not to submit a dispute to a third party called as Arbitrator to resolve the dispute after hearing the presentation of both parties, is thought about by many litigants as an easy middle path. In this connection, it is heartening to learn that High Court of Jammu and Kashmir has accorded approval to setting up of High Court annexed Arbitration Centres at Srinagar and Jammu. Like this, not only an institutionalized framework is created for arbitration but it is expected to bring about speedy and expeditious resolution of disputes. These Centres shall be called as The Jammu and Kashmir International Arbitration Centres (JKIAC).
Needless to add, while Section 89 of the Code of Civil Procedure provides for such a facility for the litigants, due to certain reasons like absence of detailed modalities etc, the issue has remained increasingly inactive in Jammu and Kashmir. The section, however, does not bind a court to necessarily conduct arbitration 1but does not debar it either from referring a dispute to arbitration or reconciliation. The premise is that it should feel satisfied that the dispute in a pending suit could be settled through arbitration. The denial of such a facility so far, has resulted, on the whole, the parties to the disputes not getting speedy justice and thus remaining out of the domain of securing fair, speedy and less expensive justice. Now since the relevant (Management) Rules have been framed by the High Court, constituting of such centres is expected to be not only smooth but effective as well. While the Rules have been lineated about the composition of the Arbitration Centres, the Arbitration Committee, Arbitration experts, a secretariat with coordinators, the Panel of Arbitrators and other associated prerequisites and other requirements ,the Chief Justice of the High Court of Jammu and Kashmir shall be its Patron -in- Chief. We, therefore, expect that following an awareness about this facility on a wider scale, litigants would find these Centres of great avail to have their disputes settled. The successful results from and the encouraging functioning of such Arbitration Centres (Courts annexed) at Delhi, Chandigarh, Bangaluru, Chennai and Cuttack shall become the cause and the reason of such facilities going to be started in the twin capital cities of the UT of Jammu and Kashmir with great zeal and expected good results. The objective behind Section 89, thus shall get duly accomplished.
It is again the question of taking initiatives in this noble cause to dispense speedy and less expensive justice to the desirous parties to a dispute for arbitration in that the panel of Arbitrators prepared by the JKAIC and the Arbitration Committee must not only be the most suitable but willing as well to serve as Arbitrators. Looking to various advantages besides being less expensive, the process is essentially a private procedure in that if the parties desire privacy, then the dispute and the resolution can be kept confidential. Arbitration must be sought after thinking, that the process shall be the end of the dispute, as there are very little options for preferring an appeal. This advantage gives the Arbitration process and its award the distinction of finality which is not very often present in a trial decision. So, the right to appeal is not there even if after the arbitration decision, either of the parties feels disadvantaged. However, arbitration is very useful tool for resolving disputes and setting up of Jammu and Kashmir International Arbitration Centre (JKAIC) shall go a long way in its objects and requirements, all in the interests of the litigants.
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