Need arbitration centre in Bombay High Court; should not allow Delhi to outdo Mumbai: Chief Justice DK Upadhyay

Bombay High Court Devendra Kumar Upadhyaya batted for having an an arbitration centre preferably within the High Court campus..He said that Mumbai is a pioneer in arbitration matters since it is a commercial hub but it lacks an arbitration centre in its court campus and Delhi is trying to steal a march over Mumbai with regard to arbitration. “I was talking about Bombay having a better arbitration centre within the precincts of the High Court. Somehow I have a feeling that even in the matters where Bombay has been a pioneer, say for arbitration, perhaps Delhi is trying to steal a march over Bombay that we will not permit. Bombay needs to have a good arbitration centre. It is a commercial hub,” the judge said.He was speaking at the event organised by the Bombay Bar Association (BBA) on August 30 to felicitate him on his elevation as a Chief Justice.The judge requested all lawyers at the Bar to come up with ideas to ensure that arbitration and alternative dispute resolution matters can be retained in Mumbai.“The endeavour of other parts of the country to steal a march over Bombay needs to be borne in mind by everybody sitting here. I would request all members of the BBA today to please come up with some ideas so that the arbitration matters and other ADRs come to Mumbai and it retains its pioneer ship. Because we have a statute for mediation and it is soon going to become big in our country. So for arbitration and mediation, we need to do something,” the Chief Justice said. .He also recounted how he had discussed his proposal with the other judges in Mumbai who said that while there is some space in the High Court campus, it is inadequate to house an entire centre. He conceded that space constraint is a problem in Mumbai. “When I first came into this building I realised that whatever I think of, the first and foremost constraint I encountered was space. So whatever I would think of coming up with, to ensure that this Bar benefits, the constraint of space in this building will come my way”, the judge said. .He also assured the Bar members that he would try his level best to procure land for the proposed new high court building so that the issue of space constraint is resolved.CJ Upadhyaya also advised lawyers who may not have made their own mark in the court yet, to have patience and keep working without getting bogged down. “The kind of disappointment grips us when we are in the formative age of our profession. If you are able to sail through the initial heat and dust of the profession, you are bound to rise to the top. Patience for the junior members of the Bar is essential if you want to go up in the profession,” the judge said. .He also narrated an incident where he felt dejected as a junior when he found out his classmate had become a District Collector while he was just a junior. The judge recounted the advice his senior gave which instilled pride in the profession.“‘Look here, your friend is handling only a district. But you are handling the Constitution of India’. That is the kind of pride a lawyer, be it junior or senior, should always carry,” CJ Upadhyaya said in conclusion.