Context:
SEBI has proposed introducing direct arbitration for resolving certain types of complaints, specifically targeting high-value claims and chronic cases. This initiative is designed to expedite dispute resolution, particularly for disputes involving amounts over ₹10 crore.
Key Features:
- Criteria for Direct Arbitration:
- Claims over ₹10 crore
- Chronic or repetitive complaints
- Disputes filed by specific institutions or trading members
- Time-barred or legal issues identified early
- Complaints where both parties agree to arbitration
- Role of ODR Portal: SEBI plans to integrate depositories into the Online Dispute Resolution (ODR) system and establish Standard Operating Procedures (SOPs) for handling such disputes.
- Simplified Process: If a party refuses arbitration, the complaint will be closed on the ODR portal, but the case can still be pursued through other legal channels.
- Annual Review of SOPs: The SOPs for dispute handling will be available online and reviewed annually to ensure efficiency and clarity in the process.
Impact: The proposal will streamline dispute resolution for complex or high-stakes cases, ensuring faster and more efficient arbitration processes. This reform is expected to reduce the burden on courts and improve overall market confidence.
Outlook
SEBI’s initiatives aim to bolster market integrity by enhancing compliance and providing more efficient avenues for dispute resolution. These reforms, especially the extension of automated trading restrictions and the introduction of direct arbitration, w