Tag: Hima Kohli

  • Emergency arbitration have to be promoted, regulated in India: SC Justice Hima Kohli

    By PTI

    NEW DELHI: Emergency Arbitration has monumental potential within the nation and the legislature ought to take steps to advertise and regulate it, Supreme Court decide Justice Hima Kohli has stated.

    The prime court docket decide, who was addressing the Delhi Arbitration Weekend on Saturday, stated Emergency Arbitration (EA) offers a fast and environment friendly resolution to urgent disputes and may help curtail delays and bills.

    But the problems in regards to the readability and consistency within the relevant guidelines and procedures and the lack of understanding among the many stakeholders stay to be addressed, she added.

    “EA has an enormous potential in India. To address these challenges, it is essential for the government to take steps to legislate, promote and regulate EA in India. This could include an amendment to the Arbitration & Conciliation Act, the introduction of standard procedures, the establishment of a dedicated EA Tribunal, promotion of awareness and education about the benefits of EA,” Justice Kohli stated.

    Under emergency arbitration, a brief arbitrator is appointed to expeditiously hear and resolve such pressing disputes between the events which can not look forward to the conclusion of regular arbitration proceedings.

    Delhi Arbitration Weekend, organised by Delhi International Arbitration Centre, is underway on the Delhi High Court since Thursday and can conclude on Sunday.

    Speaking throughout one in every of its classes, Justice Kohli stated emergency arbitration would help the expansion of institutional arbitration in India, which might assist in lowering the “docket explosion” confronted by already overburdened Indian courts.

    Although emergency arbitration will not be broadly utilized in India, it’s anticipated that it’ll achieve extra acceptance sooner or later, she stated.

    “By recognising the enforceability of emergency awards, party autonomy is respected. At the same time, the court system can be decongested to some extent. Viewed from this angle, the powers exercised by an Emergency Arbitrator are not in conflict with the powers of the court,” Justice Kohli stated.

    NEW DELHI: Emergency Arbitration has monumental potential within the nation and the legislature ought to take steps to advertise and regulate it, Supreme Court decide Justice Hima Kohli has stated.

    The prime court docket decide, who was addressing the Delhi Arbitration Weekend on Saturday, stated Emergency Arbitration (EA) offers a fast and environment friendly resolution to urgent disputes and may help curtail delays and bills.

    But the problems in regards to the readability and consistency within the relevant guidelines and procedures and the lack of understanding among the many stakeholders stay to be addressed, she added.

    “EA has an enormous potential in India. To address these challenges, it is essential for the government to take steps to legislate, promote and regulate EA in India. This could include an amendment to the Arbitration & Conciliation Act, the introduction of standard procedures, the establishment of a dedicated EA Tribunal, promotion of awareness and education about the benefits of EA,” Justice Kohli stated.

    Under emergency arbitration, a brief arbitrator is appointed to expeditiously hear and resolve such pressing disputes between the events which can not look forward to the conclusion of regular arbitration proceedings.

    Delhi Arbitration Weekend, organised by Delhi International Arbitration Centre, is underway on the Delhi High Court since Thursday and can conclude on Sunday.

    Speaking throughout one in every of its classes, Justice Kohli stated emergency arbitration would help the expansion of institutional arbitration in India, which might assist in lowering the “docket explosion” confronted by already overburdened Indian courts.

    Although emergency arbitration will not be broadly utilized in India, it’s anticipated that it’ll achieve extra acceptance sooner or later, she stated.

    “By recognising the enforceability of emergency awards, party autonomy is respected. At the same time, the court system can be decongested to some extent. Viewed from this angle, the powers exercised by an Emergency Arbitrator are not in conflict with the powers of the court,” Justice Kohli stated.

  • AI shouldn’t be considered as menace however as alternative to boost high quality of authorized observe: SC choose

    By PTI

    NEW DELHI: Artificial intelligence (AI) shouldn’t be considered as a menace, however as a possibility to boost the standard of authorized observe, Supreme Court choose Hima Kohli has mentioned, terming it a “game-changer” within the authorized discipline that has the potential to revolutionise the best way legal professionals work.

    Justice Kohli, nevertheless, flagged moral considerations concerning the “accountability, transparency and protection of rights of parties”, which can crop up with the usage of AI within the authorized discipline.

    She mentioned it’s simple that expertise has performed a major function in retaining the wheels of justice turning even in the course of the peak of the COVID-19 pandemic and past.

    “As we embrace technology, it is imperative that we are aware of the ethical concerns that come with the use of artificial intelligence in courts. The use of AI raises concerns about accountability, transparency and protection of the rights of parties. It will be critical to establishing clear guidelines and protocols to ensure that justice is dispensed equitably to all parties,” the apex court docket choose mentioned at a operate organised by the ICICI financial institution right here on Saturday.

    Speaking on the subject of “Artificial Intelligence and the Legal Sector”, Justice Kohli mentioned the appearance of synthetic intelligence has triggered some considerations amongst the authorized fraternity.

    “Lawyers may fear that their expertise and skills will be made redundant by technology. However, to my mind, AI should not be viewed as a threat, but as an opportunity to enhance the quality of legal practice,” she mentioned.

    Firstly, AI has the potential to drastically enhance the effectivity of authorized observe by automating routine duties, decreasing the time required for authorized analysis and offering real-time entry to data, the choose identified.

    This may create extra time and house for legal professionals to deal with complicated and value-adding duties, finally main to raised outcomes for purchasers, Justice Kohli mentioned.

    “Secondly, AI systems can analyse vast amounts of data and identify patterns and relationships that may not be immediately obvious to humans. It leads to increased accuracy in decision-making and better outcomes for clients,” she mentioned.

    AI can be used to supply purchasers with immediate entry to data, personalised suggestions and digital authorized help, she mentioned, including, it improves the general expertise of purchasers and helps construct long-term relationships.

    Justice Kohli mentioned the combination of AI within the authorized occupation has the potential of making new enterprise alternatives, together with the event of recent legal-tech services and products.

    “Finally, lawyers who embrace AI will be better positioned to stay ahead of their competition and remain relevant in an increasingly technology-driven legal landscape,” she mentioned.

    Justice Kohli mentioned within the coming years, the function of AI is certain to increase in shaping the authorized world and convey about optimistic adjustments.

    “To conclude, AI is a game-changer in the legal field and has the potential to revolutionise the way lawyers work,” the choose mentioned.

    While stressing the necessity to use AI within the authorized discipline, Justice Kohli, nevertheless, mentioned the expertise would lack human empathy, compassion and reasoning, that are important for the dispensation of justice, and for these, judges could be wanted.

    “A judge comes on the bench with a vast and varied legal and personal experience, whose role goes beyond a bookish application of the law. She is equipped to weigh the facts of a case, understands human behaviour and apply the law to circumstances so as to arrive at a fair and just decision. AI, however, advance as it may be, lacks human empathy, compassion and reasoning that are essential to the dispensation of justice,” she mentioned.

    In an AI-powered Indian judiciary, the function of judges is more likely to change and evolve, Justice Kohli mentioned, including their basic function, nevertheless, in making certain equity, impartiality and safety of civil liberties will stay fixed and unchanged.

    “While AI has the potential to greatly improve the efficiency of the judicial system, it can never supplant human judgment. Judges will continue playing a pivotal role in ensuring that the principles of justice are upheld and that the rights of litigants are protected,” she mentioned.

    ALSO READ | Budget: Academia, trade applaud push for AI

    The apex court docket choose mentioned there are “no limits to growth because there are no limits to human intelligence and imagination” and in spite of everything, AI is the creation of mankind.

    “The bottom line is that AI can never replace human values that are deeply ingrained in the constitutions of countries, in institutions of excellence in the academia and governments and the civil society. So let us embrace technology and AI, but with wisdom and a steadfast commitment to the rule of law,” she mentioned.

    Speaking concerning the vital function performed by expertise in retaining the wheels of justice turning in the course of the pandemic and past, Justice Kohli mentioned it has additionally dropped at mild the immense potential of expertise within the discipline of regulation and justice.

    “In those challenging times, it was imperative for courts and all the stakeholders to get tech savvy and it’s amazing how many of us, and I include myself in that list, was able to take the leap to PDF files and the virtual court system,” she mentioned.

    NEW DELHI: Artificial intelligence (AI) shouldn’t be considered as a menace, however as a possibility to boost the standard of authorized observe, Supreme Court choose Hima Kohli has mentioned, terming it a “game-changer” within the authorized discipline that has the potential to revolutionise the best way legal professionals work.

    Justice Kohli, nevertheless, flagged moral considerations concerning the “accountability, transparency and protection of rights of parties”, which can crop up with the usage of AI within the authorized discipline.

    She mentioned it’s simple that expertise has performed a major function in retaining the wheels of justice turning even in the course of the peak of the COVID-19 pandemic and past.

    “As we embrace technology, it is imperative that we are aware of the ethical concerns that come with the use of artificial intelligence in courts. The use of AI raises concerns about accountability, transparency and protection of the rights of parties. It will be critical to establishing clear guidelines and protocols to ensure that justice is dispensed equitably to all parties,” the apex court docket choose mentioned at a operate organised by the ICICI financial institution right here on Saturday.

    Speaking on the subject of “Artificial Intelligence and the Legal Sector”, Justice Kohli mentioned the appearance of synthetic intelligence has triggered some considerations amongst the authorized fraternity.

    “Lawyers may fear that their expertise and skills will be made redundant by technology. However, to my mind, AI should not be viewed as a threat, but as an opportunity to enhance the quality of legal practice,” she mentioned.

    Firstly, AI has the potential to drastically enhance the effectivity of authorized observe by automating routine duties, decreasing the time required for authorized analysis and offering real-time entry to data, the choose identified.

    This may create extra time and house for legal professionals to deal with complicated and value-adding duties, finally main to raised outcomes for purchasers, Justice Kohli mentioned.

    “Secondly, AI systems can analyse vast amounts of data and identify patterns and relationships that may not be immediately obvious to humans. It leads to increased accuracy in decision-making and better outcomes for clients,” she mentioned.

    AI can be used to supply purchasers with immediate entry to data, personalised suggestions and digital authorized help, she mentioned, including, it improves the general expertise of purchasers and helps construct long-term relationships.

    Justice Kohli mentioned the combination of AI within the authorized occupation has the potential of making new enterprise alternatives, together with the event of recent legal-tech services and products.

    “Finally, lawyers who embrace AI will be better positioned to stay ahead of their competition and remain relevant in an increasingly technology-driven legal landscape,” she mentioned.

    Justice Kohli mentioned within the coming years, the function of AI is certain to increase in shaping the authorized world and convey about optimistic adjustments.

    “To conclude, AI is a game-changer in the legal field and has the potential to revolutionise the way lawyers work,” the choose mentioned.

    While stressing the necessity to use AI within the authorized discipline, Justice Kohli, nevertheless, mentioned the expertise would lack human empathy, compassion and reasoning, that are important for the dispensation of justice, and for these, judges could be wanted.

    “A judge comes on the bench with a vast and varied legal and personal experience, whose role goes beyond a bookish application of the law. She is equipped to weigh the facts of a case, understands human behaviour and apply the law to circumstances so as to arrive at a fair and just decision. AI, however, advance as it may be, lacks human empathy, compassion and reasoning that are essential to the dispensation of justice,” she mentioned.

    In an AI-powered Indian judiciary, the function of judges is more likely to change and evolve, Justice Kohli mentioned, including their basic function, nevertheless, in making certain equity, impartiality and safety of civil liberties will stay fixed and unchanged.

    “While AI has the potential to greatly improve the efficiency of the judicial system, it can never supplant human judgment. Judges will continue playing a pivotal role in ensuring that the principles of justice are upheld and that the rights of litigants are protected,” she mentioned.

    ALSO READ | Budget: Academia, trade applaud push for AI

    The apex court docket choose mentioned there are “no limits to growth because there are no limits to human intelligence and imagination” and in spite of everything, AI is the creation of mankind.

    “The bottom line is that AI can never replace human values that are deeply ingrained in the constitutions of countries, in institutions of excellence in the academia and governments and the civil society. So let us embrace technology and AI, but with wisdom and a steadfast commitment to the rule of law,” she mentioned.

    Speaking concerning the vital function performed by expertise in retaining the wheels of justice turning in the course of the pandemic and past, Justice Kohli mentioned it has additionally dropped at mild the immense potential of expertise within the discipline of regulation and justice.

    “In those challenging times, it was imperative for courts and all the stakeholders to get tech savvy and it’s amazing how many of us, and I include myself in that list, was able to take the leap to PDF files and the virtual court system,” she mentioned.

  • No night curfew will be imposed in Delhi or parts of it for now: AAP govt to HC

    Despite the increase in COVID-19 cases in the National Capital, the AAP government on Thursday told the High Court that no night curfew would be imposed in Delhi, or parts of it, for now, to contain the spread of coronavirus.

    Delhi govt also informed the Delhi HC that it has collected over Rs 17 Cr as fine against over 2 lakh challans issued in respect of COVID violations. Delhi Govt also informed HC that Delhi Police has so far collected fine of over Rs 27 cr against over 5 lakh challans issued.

    The submission was made before a bench of Justices Hima Kohli and Subramonium Prasad in response to the court’s query on November 26 as to whether night curfew would be imposed in Delhi to contain spread of COVID-19 infection, as has been done in some other states.

    The Delhi High Court has also asked the AAP govt to focus on testing and contact tracing to deal with COVID-19 infection.