Access to Non-Judicial Justice: Need for Changes in the Existing Legal Frame-Work

Abstract

Access to Justice is a basic human right which inferentially includes non-Judicial Justice such as justice rendered by arbitrators, and through assistance by conciliators and mediators. Business contracts are subjected to a system of law which is applicable in the matters of interpretation and validity of contracts. The freedom of the parties to choose persons to decide their disputes as well as to determine the law applicable to their contracts is amply evidenced by various international Conventions and model rules. The Indian Contract Act, declares an agreement in restraint of legal proceedings as void, makes permissible for settlement of disputes by non-judicial authorities such as arbitration, which includes inferentially other alternate dispute mechanisms, which does not permit the parties to agree that an appeal shall not lie against the arbitrator’s award. The Indian Law has taken a more liberal view of ICC Rules 24, when an appeal against arbitrator’s award being held final as valid. French courts have exercised the right to review, even the evidence in such cases. The U.S. Supreme Court held in Mitsubhi case ‘that Sherman Act anti-trust may be subjected to arbitration, when the dispute arises in an International Court. All these development is an indicator of the faith of the International Community in the system of ADR – non-judicial justice. An amendment to Sec 28 of Indian Contract Act is necessary to include all ADR methods.

Keywords: Dr Mukund Sarda New law College Pune, Dr Mukund Sarda Bharati Vidyapeeth University, Bharati Vidyapeeth University Pune, Prof Dr Mukund Bhagirath Sarda