Abstract

“Justice delayed is justice denied” a famous legal maxim that has become the infamous condition of the Indian courts. Indian courts are now one of the most overburdened courts in the world. In the ‘Question Hour’ of the 2020 Winter Session of Lok Sabha (House of People), the Minister of Law was asked for the total number of cases pending before the Supreme Court, High courts, District and all subordinate courts. It is shocking to note that all the aforementioned courts are currently overburdened by a total of 40 million cases. Some of these cases are pending before the courts since the Independence. Numerous attempts have been made by the government to better this situation to no avail. This unfortunate condition of the Indian courts has instilled feelings of helplessness and loss of faith in the judicial system of the country. Among the many ways that may help encounter the problem, Arbitration stands out to be the best way for taking the first step in the right direction. This paper aims to analyse the situation and provide an effective plan of employing Arbitration methods to commence ‘Mission Unburden’.

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