A Socio-Legal Study of Challenges in Resolving Disputes through ADR and Future of Alternative Dispute Resolution in Contemporary World with special reference to India

  • Poulomi Bhowmik
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  • Poulomi Bhowmik

    Assistant Professor of Law at Indian Institute of Legal Studies Cooch Behar, India

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Speedy trial and prompt delivery of Justice are the most important aims of all legal systems in the World. Due to pendency of cases in traditional judicial system, Alternative Dispute Resolution has been emerged. Other factors such as expensive legal procedures, delay in Court proceedings and high technicality involved in the Court room are responsible for the growth of Alternative Dispute Resolution. For example In India, the Arbitration and Conciliation Act 1996 has been introduced in order to reduce burden on the judiciary. For the purpose of approaching arbitration, many people are adding arbitration clause and seat of the proceedings in their agreements. Simple process of Alternative Dispute Resolution, less expenditure, flexibility, speedy process, confidentiality of the matters, presence of experts etc. are some of the benefits of this method. Besides advantages of Alternative Dispute Resolution, some critical challenges are blocking the path of its success. Factors such as Lack of awareness, inapplicability in criminal cases, lack of skilled advocates, absence of execution proceedings, lack of government support, lack of precedents and poor infrastructure are working as hindrances in proper implementation of Alternative Dispute Resolution. Moreover, Alternative Dispute Resolution is not applicable to all types of cases. In case of international arbitration, the field is dynamic because of diversity, technology, environmental factors, cyber security. Though Alternative Dispute Resolution is suffering from so many defects, it will be more efficient in near future internationally. The Parliament of India is trying to make proper amendments to the Arbitration and Conciliation Act 1996 in order to cope up with the new situations and problems. The perfect example is the Arbitration and Conciliation (Amendment) Act, 2021 and the Arbitration and Conciliation (Amendment) Act, 2015. Indian Judiciary and Government should take responsibility and initiatives for smooth running of effective Alternative Dispute Resolution mechanism. Since all the official systems have been turned into online mode, Alternative Dispute Resolution can be done through virtual mode or hybrid mode. In this area, more professional trained arbitrators and practitioners are required.




International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 102 - 111

DOI: https://doij.org/10.10000/IJLMH.117015

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