Justice Pratibha M. Singh of the Delhi High Court speaking at ETLegalWorld’s 3rd Commercial Dispute Conclave shared her insights on the evolving landscape of India’s legal system, highlighting significant improvements in dispute resolution timelines and forecasting future challenges.
Reflecting on her journey from a young lawyer to a judge, Justice Singh noted a marked reduction in the time taken for suit institution and evidence admission. What was once a seven-year process has now been streamlined to just one year. “The picture is not as bad as it seems,” she remarked, projecting that at the current rate of progress, India could achieve a revolution within the next decade.
Justice Singh credited the Commercial Courts Act, 2015, as a catalyst for this positive change. The Act has empowered judges to adhere to stricter timelines, significantly expediting the legal process. She emphasized the urgent need to incorporate these reforms into the Civil Procedure Code to effect nationwide change in civil litigation.
Highlighting the Delhi High Court’s efforts in tackling prolonged litigation, Justice Singh commended the adaptation of Commercial Courts Act provisions into the Original Side Rules. This move has proven instrumental in reducing delays and improving efficiency. She supported her facts stating statistics pf average time taken by the judges for trail and judgement in 437.6 days and enforcement of judgement in 239.54 days.
Addressing concerns about artificial intelligence (AI) in the legal sector, Justice Singh assured that AI cannot replace judges in dispute resolution. Instead, she envisions AI playing a complementary role, assisting judges in ensuring timely resolution of cases. She encouraged the use of AI tools to further reduce timelines and praised initiatives like SUVAS and SUPACE in the Supreme Court, which help translate judgments into 14 languages.
On environmental challenges, Justice Singh stressed the importance of judges being well-versed in new green technologies. This knowledge, she argued, is crucial for effectively handling patent and licensing disputes in the environmental sector.
Turning to alternative dispute resolution methods, Justice Singh expressed disappointment with the limited success of arbitration in India. She noted that 55% of arbitration cases instituted are from government entities, and arbitration developed to be another layer in the dispute resolution process, with courts still being approached for smooth enforcement of awards.
In contrast, Justice Singh presented a more optimistic view of mediation as an emerging field with higher settlement rates. She suggested that mediation could prove to be a more effective alternative to arbitration in many cases.
The justice concluded her address by expressing her pleasure at participating in the ET Legal event, describing it as a crucial platform for like-minded young professionals and industrialists to interact annually.
