INDIA Law and Practice Contributed by: Anuradha Mukherjee, Omar Ahmad, Vikram Shah and Soumya Dasgupta, Cyril Amarchand Mangaldas
opinions of third parties in relation to points of foreign law, art, science, handwriting identification, general customs or rights, etc. 7.6 Extent to Which Hearings Are Open to the Public Please see 1.3 Court Filings and Proceedings . In addition, with the advent of technology, court pro- ceedings are also being live-streamed and thus are easily accessible. So far as transcripts of hearings are concerned, this is a fairly new concept for courts in India and is being introduced on a case-by-case basis. 7.7 Level of Intervention by a Judge As India follows an adversarial rather than an inquisi- torial system, the role of judges is typically limited to regulation of the proceedings and adjudication of the dispute on the basis of the facts and evidence adduced before the court. In certain circumstances, judges may take a more active role in the proceed- ings in the interests of equity and justice, by directing pointed questions to the legal representatives. For procedural orders in the nature of adjournments, recording statements of the parties pertaining to out-of-court settlement and in certain kinds of cases where extensive appreciation of facts, evidence or law is not required, judges generally dictate and pro- nounce such judgments or orders in open court dur- ing the course of the hearing. In other cases, general practice is that the judges reserve the order and then pronounce it in open court on a subsequent date. 7.8 General Timeframes for Proceedings Commercial disputes are governed by the CCA, which does not provide any timeframe for the disposal of a commercial suit. However, Order XV-A Rule 3 of the CPC provides that the court shall ensure that the argu- ments are closed no later than six months after the date of the first case management hearing. Section 14 of the CCA requires the commercial appel- late courts to endeavour to dispose of appeals within six months. Furthermore, Section 34 (6) (which is a directory provision) of the Arbitration and Concilia- tion Act, 1996 (“Arbitration Act”) requires the court to
dispose of Section 34 petitions (for setting aside an arbitral award) expeditiously and in any event within one year from the date on which notice is served upon the respondent.
8. Settlement 8.1 Court Approval
No court approval is required for a settlement between the parties; parties to a suit can settle the underlying dispute at any time. If the parties wish any settlement agreement signed between them to be made into a decree of the court, they can file a compromise peti- tion under Order XXIII Rule 3 of the CPC. The mere filing of the compromise petition will not result in the agreement being enforced: the court has to pass a decree in terms of the agreement or compromise arrived at between the parties, which can then be executed. However, to obtain such a decree, such compromise or agreement cannot be void or void- able under the ICA. 8.2 Settlement of Lawsuits and Confidentiality Confidentiality of the Settlement of Lawsuits The terms of a settlement agreement can remain con- fidential if the parties so desire. In some cases, set- tlement agreements are filed in courts under sealed cover. However, if a party to the settlement agreement wishes to make it into a decree of the court, it is likely that the terms of the settlement agreement may form part of the decree, and thus the settlement might not remain confidential. Confidentiality of Settlement by Arbitration, Conciliation or Mediation Court-referred mediation settlements are confidential. However, while arbitration and conciliation proceed- ings enjoy confidentiality under Sections 42A and 75 of the Arbitration Act, respectively, the award will require disclosure for enforcement, even if it was arrived at by settlement. 8.3 Enforcement of Settlement Agreements Settlement in Case of a Suit Parties to a suit can settle the underlying dispute by entering into a settlement agreement. However, in
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