Emerging Issues pertaining to Alternative Dispute Resolution

Jagrit Chawla AND Manharman Singh Malhotra
Fairfield School of Law, Guru Gobind Singh Indraprastha University, Delhi, India

Volume III, Issue III, 2020

As it is being said that justice delayed is justice denied and justice hurried is justice buried with keeping this view in mind, the concept of alternative dispute resolution emerges in India. Alternative dispute resolution is the most effective and efficient process in resolving disputes between the parties by providing cost less and speedy trial.  But with the expansion of alternative dispute resolution the issues pertaining to it are also emerging. Despite the amendment of arbitration and conciliation act in 2019, there is still no such provision of a forum where parties can go and challenge it. The same arbitrator gets appointed when challenged. The party has to wait to challenge in court till the delivery of the award by the arbitrator. The other challenge is when the arbitral award appealed to the supreme court of India, the efficacy of time and cost still not declined. At various levels the arbitration gets stuck up in court due to court drafting and ambiguous language. To promote the settlement of disputes between the parties there are various alternatives such as mediation, conciliation, negotiation and lok adalat, these resolutions have been proven effective but efficient gains from these proceedings are very low as compared to arbitration and is rarely being practiced in the Indian market. This paper will discuss the  proliferation of emerging issues arising in alternative dispute resolution. It will also focus on various ways on how these issues can be resolved.


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