The Congress on Thursday alleged that the proposed Arbitration Council would be a "sarkari" Council and accused the government of making a "brazen" attempt to take over the process.
During a joint discussion on two bill related to amendments in arbitration laws in Rajya Sabha, the opposition party also demanded that the members of the Council be appointed by a collegium since the government is itself a relentless litigant.
Congress leaders Abhishek Manu Singhvi and P Chidambaram attacked the government for not doing enough to make India an international hub for arbitration
"If the government's business is not to be in business then jolly well government's business in not to be in Arbitration."
"Another section says all liabilities prior to the take over remain yours. Third says you will not deal with the assets. You will hand over every thing to me and you will have no claims of any kind against me. Besides the new entity would have right to take over earlier claims also."
"We have to provide for India as hub not Delhi as a hub. Hubs are not created by taking over a fantastic five star property near the airport in Delhi... the hub is made by decentralising, access and reducing cost of litigation," he said
On taking ove the Centre, Singhvi said, "This is bound to be struck down as it is a takeover without due process."
"How a Kerala judge approaches arbitration is different from. How a high court judge in Delhi approaches arbitration, the interference level is different. The biggest problem is uniform ethics, which have to be developed. Less interference, less judicial review."
He said, "Seat or venue (of the arbitration) is also important and you should have brought clarity on this in the bill."
"The new provisions have not tightened the timeframe for arbitration but loosened it. The government has not put the plug on timeframe for giving extension to arbitration by the court."
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