Justice Harsha Devani, a prominent figure in India’s legal landscape, recently voiced her concerns about the Gujarat government’s approach to arbitration cases. Born in Gujarat’s Amreli district, Justice Devani’s journey to the judiciary was unconventional. After completing her education in various states and earning an MSc in Microbiology, she pursued an LL.B. at Sir LA Shah Law College, Ahmedabad, inspired by a chance conversation about the importance of legal knowledge.
Justice Devani began practicing law in 1992 and served as an assistant government pleader and additional public prosecutor, eventually joining the Gujarat High Court bench in 2004. She was confirmed as a permanent judge in 2007, and served until her retirement in 2020. Today, she is a respected voice in commercial dispute resolution.
Insights into Arbitration and Legal Systems
In a recent interview with Neha Joshi from Bar & Bench, Justice Devani critiqued the functioning of the Gujarat High Court Arbitration Centre (GHAC). According to her, the GHAC primarily operates as a facility provider rather than a full-fledged institutional arbitration entity. She pointed out that unlike the Mumbai Centre for International Arbitration (MCIA), GHAC lacks award-vetting systems and the necessary infrastructure to efficiently manage follow-up actions.
Justice Devani highlighted that the GHAC has a tiered fee structure, where the fees vary based on the rank of the arbitrators, unlike ad-hoc arbitrations where fees are uniform. She emphasized the need for administrative improvements such as automated tracking and reminders for orders, which are currently absent.
Challenges and Recommendations
Justice Devani believes that vetting arbitrators would improve the system, as commercial arbitrations often involve high-stakes and complex issues requiring specialized knowledge. She also discussed the impact of judicial interventions, suggesting that High Courts should explicitly stay proceedings to prevent unnecessary extensions of the tribunal’s mandate.
More Read
On the subject of Gujarat’s potential to become a premier arbitration hub, Justice Devani noted that while there is interest in encouraging arbitration, the current infrastructure and procedural inefficiencies pose significant challenges. She expressed concern over reports that the government might remove arbitration clauses from contracts, which contradicts their stated aim of promoting arbitration.
The Path Forward for Gujarat
Justice Devani suggested that establishing a specialized arbitration bench in the High Court would lead to faster resolution of cases. She also pointed out that Gujarat’s lack of a dedicated arbitration Bar complicates proceedings, as it is difficult to schedule consecutive hearing dates.
Regarding the representation of women in law, Justice Devani acknowledged the gender disparities but noted that the issue is not exclusive to the judiciary, as similar challenges exist in the designation of senior advocates.
More Read
In conclusion, Justice Devani emphasized the need for a genuine institutional arbitration center in Gujarat. She remains optimistic that with concerted efforts, Gujarat can become a significant player in the arbitration landscape, particularly with the development of GIFT City as a business hub.
