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This is an archive article published on April 17, 2010

S H Kapadia recommended as next CJI

Senior Supreme Court Judge S H Kapadia has been recommended to be the next CJI . He asked the judges to brace themselves with the commercial laws and economic jargons to prevent cos from going abroad to seek alternative dispute resolution.

Senior Supreme Court Judge S H Kapadia,who has been recommended to be the next Chief Justice of India,on Saturday asked the judges to brace themselves with the commercial laws and economic jargons to prevent companies from going abroad to seek alternative dispute resolution.

He said if the judicial officers and lawyers are not conversant with the nitty-gritty of commercial laws there is all likelihood of losing work of arbitration and construction of commercial contracts to other countries.

“Yesterday,I have reliably learnt that arbitration work and construction of contract is going back from India to abroad. We are likely to lose our investment if we are not aware of these concepts,” Justice Kapadia said at the second annual L M Singhvi lecture on the topic ‘The developing framework of modern litigation’.

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He said in this era of globalisation,it was not only for the judges of the higher judiciary to update themselves with the economic concept and evolving technology but the judicial officers at the subordinate judiciary should also be aware of the economic terms and concept,particularly when the country’s economy was heading towards de-regulation.

“It is because in other countries there is a perception that Indian judges don’t understand economic concepts,the works relating to arbitration and contract are going back to abroad,” he said,adding that “knowledge of concept like ‘regulatory depreciation’ etc. helps in deciding legal matters”.

“Rudimentary idea of commercial law will help in dealing with legal matters and judicial officers should have basic knowledge of technology,like computers.

“A knowledge in all sphere in view of globalization will help in so far as the concept of legal globalisation is concerned,” Justice Kapadia said and gave an example that while dealing with a case of around 3000 retrenched workers,the basic knowledge of accounting helped him in countering the arguments of the company that the job loss was due to global recession.

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“I want my judicial officers to try and learn different concepts arising at different times,” he said and advised that they should be careful in what they are speaking and should not be concerned about their popularity.

“Let us be selective in whatever we say. Don’t go for popularity. Correctiveness of what your are saying is more important than popularity,” the senior most judge said.

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