This HC asks Law Ministry to look into feasibility of 'Legal Aid for Arbitration'

On Friday, the Delhi High Court asked the Centre to consider the feasibility of formulating a scheme for legal aid in arbitration matters.

Hearing the matter, the Court asked Counsel appearing for the Centre as to why such an essential service was not being extended to underprivileged parties appearing in arbitration matters.

In response, the Learned Counsel sought time to take instructions.

The Court further asked the Union Law Ministry to look into the matter and sort it out from its end without issuing a formal notice. 

The PIL has been filed by Advocate Rishabh Dheer.

It states that the lack of a provision for extending legal aid and indigency provisions to the underprivileged Sections of society in Arbitration matters runs contrary to the Constitutional scheme of ensuring access to justice.

The Court said that despite growing Arbitration popularity as a Dispute Resolution Mechanism, no attempt has been made to extend legal aid to parties, it is contended.

It further pointed out that most contracts nowadays comprises of an Arbitration Clause, owing to which underprivileged persons who are parties to a dispute will be barred from approaching the Courts.

The discrimination arising out of the lack of a legal aid scheme for Arbitration Matters runs contrary to Article 14 and Article 21 read with Article 39A of the Constitution of India, the petition states.

Therefore, a request has been sent out to extend the benefit of legal aid under the Legal Services Authorities Act, 1987 to Arbitration Matters.

It has also been requested that the word ‘tribunal’ contained under Section 2(aaa) of the Legal Services Authorities Act include Arbitral Tribunals under the Arbitration & Conciliation Act, 1996.

In addition to this, an appropriate scheme providing for an indigency provision in matters falling under the Arbitration Act is also sought.