Guwahati: The ICC has officially asked the Ministry of Law and Justice to assign the Guwahati High Court as a Commercial Court as per Section 34 of the Arbitration and Conciliation Act, 1996. This plea, from ICC Chairman for Assam and Meghalaya, Shri Sarat Kumar Jain, is focused on expediting the resolution of commercial arbitration appeals in the region. The ICC pointed out the notable delays experienced in Assam, where appeals are currently referred to District and Sessions Courts. There is an excess of civil cases in these courts, causing delays in resolving commercial disputes due to backlogs. An example worth mentioning is the long-standing dispute between IIT Guwahati and M/S Rajshekhar Construction Pvt. Ltd., which has been ongoing for more than six years without a resolution.
Some of the main obstacles highlighted are the large number of cases in District Courts, regular movement of judges affecting case flow, and a shortage of specialized knowledge for dealing with intricate commercial disputes. Therefore, according to the ICC, the purpose of the Arbitration Act to deliver prompt justice is compromised. The ICC hopes that appointing the Guwahati High Court as a Commercial Court will lead to more efficient handling of appeals, with experienced High Court judges dealing with complex arbitration cases.
Shri Sarat Kumar Jain expressed that this title will greatly improve the arbitration process in Assam, guaranteeing prompt justice for both businesses and individuals. Delays in the present can diminish faith in arbitration as a useful method for resolving disputes. We trust the Ministry will address this request promptly. The ICC's request for action highlights the need to enhance the commercial dispute resolution framework in Assam, with the aim of creating a more favorable business environment in the North-East region.
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