ADR Centre at KCCI Inaugurated by Hon’ble Justice S. Abdul Nazeer-Judge, Supreme Court of India
Alternative Dispute Resolution (ADR) Centre at Kanara Chamber of Commerce & Industry (KCCI) Inaugurated by Hon’ble Justice S. Abdul Nazeer, Judge, Supreme Court of India
Mangaluru: The Alternative Dispute Resolution (ADR) centre and also the dedicated website at Kanara Chamber of Commerce & Industry was inaugurated by Hon’ble Justice S. Abdul Nazeer, Judge, Supreme Court of India on Saturday, 14th March 2020 at 4.00 p.m. at the KCCI Meeting Hall, Bunder, Mangaluru. Hon’ble Justice Nazeer He stated that whenever there is a dispute, we must look for solution. There is always a difference between winning a case and seeking solution and ADR offers the parties to become partners in solution rather than partners in problems. He said the logic in adopting the approach of ADR is based on the fact that it is an amicable way of bringing parties to sit together and find solutions to their differences. He said we all could draw inspiration from Gandhiji’s example, who spent a large part of his time during the twenty years of his practice as a lawyer, in bringing about private compromise of hundreds of cases. Stressing on the need for ADR in present-day India, he said in a rapidly changing contemporary world, disputes are increasingly complex and inevitably end up before courts of law.
This has placed tremendous pressure on the judicial system of our country and left litigants dissatisfied. People are now looking for early solutions that can put an end to their differences, so that they can move forward to seize new opportunities and not be held back due to non clarity about their claims. It is here that ADR by offering a quick solution becomes relevant. In conclusion he said promoting ADR remains crucial pillar of the judiciary’s goal of efficient, cost effective and accessible justice for all and private centres such as KCCI ADR Centre are a welcome development in this relation. He further stated that ADR facilitated by centres such as KCCI’s ADR centre are a means of increasing access to justice without decreasing the quality of justice. He also stated that this institute is a welcome addition to India’s ADR regime.
With a modest beginning on 20 December 1940, The Kanara Chamber of Commerce (KCCI) & Industry is today recognized as one of the respected Chambers of Commerce and Industry in Karnataka. Our Objective is the growth of the region, serving trade and industry in this coastal region of Karnataka, Dakshina Kannada. We promote and protect the interests of anyone engaged in trade, commerce, manufacturing and allied activities, specifically in the region of Dakshina Kannada & India in general. We have performed a proactive role in promoting initiative and enterprise for the past 80 years. We are at the forefront of trade & commercial activities through legislative and trade measures introduced by the Government and its agencies and also act as a vigilant watchdog to oppose adverse measures so that the commercial activities in the region are not affected.
We also promote free and fair-trade practices by the commercial establishments in our region. We are the apex body in the region and along with our members are working towards making the region of Dakshina Kannada congenial for sustained economic activities by entrepreneurs, business houses and corporates, leading to better employment, better utilization of resources and balanced inclusive growth of this region. In 2019, the Members of the Board of KCCI identified the need for setting up an Alternative Dispute Resolution (ADR) Centre at KCCI. A sub-committee was formed and assigned the task of formulating the guidelines & setting up the ADR Centre. The ADR Mechanism, comprising Mediation, Conciliation and Arbitration within the framework of the Arbitration & Conciliation Act,1999 amended from time to time, gives parties in dispute an opportunity to work through disputed issues with the help of a neutral third party. ADR is generally faster & less expensive solution.
Hence, this is an opportunity for the businessmen to get their commercial disputes resolved. In a nutshell, ADR can save a lot of time and money. It puts the parties in control by affording them an opportunity to tell their side of the story and have a say in the final decision. The ADR mechanism focuses on the issues that are important to the people, instead of just their legal rights and obligations. By avoiding creation of one winner and one loser, the ADR mechanism preserves relationships by helping people cooperate and come up with flexible and creative options by exploring what each one of them wants to achieve. ADRs have known to have better settlement rates than the courts of law. Since only people who are invited or permitted to participate can attend an ADR session, it keeps private disputes away from the glare of the public.
The ADR mechanism has led to more flexible remedies that are satisfying to the participants, which in turn has led to a high degree of satisfaction in the ADR processes. Arbitration may be arranged by the parties themselves on ad-hoc basis or it may be conducted according to the rules of an arbitral institution. Arbitration under the Rules of procedure of an arbitral Institution provides several advantages and helps in quicker disposal of cases. The professional experience and expertise available with an arbitral institution facilitates economic and expeditious conduct of arbitrations and adds to the certainty and finality of the proceedings. In 2019, the Government of India has given a fillip to ADR by amending the Arbitration and Conciliation Act 1996 suitably so as to facilitate completion of Arbitration proceedings within 12 months from the time of commencement of proceedings. It was observed that there has been a manifold increase in the number of commercial disputes due to globalization, industrialization and liberalization. Arbitration has increasingly become a preferred option to settle commercial disputes globally as well as in India.
Thus, with a view to make India a hub of institutional arbitration for both domestic as well as international arbitration and to keep pace with international arbitration practices, the Government of India is encouraging arbitration instead of disputes ending up in Court of Law. The KCCI ADR Centre is a specialized Alternative Dispute Resolution Centre that provides negotiation, mediation, arbitration & conciliation facilities for all types of domestic and International commercial disputes. KCCI has made available state of the art facilities befitting an Institutional Arbitration of International Standards.
