Role of Notary in Institutional Arbitration: A Legal Study with Special Focus on Commercial and Environmental Disputes

Abstract

As a substitute for conventional court procedures, arbitration is essential in India and helps lighten the judiciary's burden of cases. The Notaries Act of 1952's Section 8(hb) permits notaries to act as arbitrators, mediators, and conciliators in addition to authenticating documents. This article emphasizes how notaries can serve as impartial Institutional arbitrators, especially in commercial and environmental disputes that frequently have overlapping financial and legal ramifications. Notaries are legal experts who are appointed by the federal or state governments. They are qualified to resolve disputes because of their proficiency in document authentication, verification, and legal analysis. Their comprehension of both substantive and procedural law enables them to make decisions that are impartial and equitable. Particularly in rural and semi-urban areas with few institutional arbitration centers, notaries can increase access to arbitration. Their presence implies a speedier, legally sound, and easily accessible resolution of property, business contract, and financial disputes. Additionally, their dual function as mediators and conciliators facilitates early settlements and avoids protracted litigation. Notwithstanding these advantages, there are a number of drawbacks: notaries frequently lack the specialized training that more seasoned judges or arbitrators have, and the extent of their arbitral authority is still legally ambiguous. Legal reforms must explicitly outline the duties of notaries in arbitration and offer a methodical training and certification process to guarantee proficiency and uniformity. India's institutional framework for resolving disputes can be greatly strengthened by including notaries in formal arbitration procedures. Empowering notaries can result in more effective, accessible, and timely dispute resolution as the use of alternative dispute resolution (ADR) procedures grows. It can also reduce the workload for the judiciary and increase the effectiveness of the legal system as a whole. Using data from an empirical study carried out in the state of West Bengal, this article examines the changing role of notaries in settling commercial and environmental disputes. Surveys of advocates and notaries were used in the study to learn about their perspectives, experiences, and the practical challenges faced in the arbitration process.