Challenges to Credibility of Arbitration Process in India

  • Pragnya Paramita Mohanty
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  • Pragnya Paramita Mohanty

    Student at SOA National Institute of Law, India

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A right for the accused to be tried quickly is created by the fair, just, and reasonable procedure outlined in Article 21 of the Constitution. The accused has the right to a speedy trial. The sooner problems are resolved, the better for each party involved as well as for society as a whole. Justice being delayed is the ultimate farce of the law, but in India, the delay actually has the unintended consequence of destroying the entire legal system. Here, alternative dispute resolution enters the picture. Conflict resolution options like alternative dispute resolution are being studied. It resolves conflicts involving many different subjects, such as civil, business, industrial, and many more. Using this approach, the problem at hand must be resolved with the aid of a third party who is not involved in the conflict. A third objective party is required to discuss the problem, debate it, and come up with a solution so that it can be resolved. It seems to be a useful technique for resolving disputes. With the only choice of discussion, arbitration, conciliation, and mediation, alternative dispute resolution (ADR) approaches are utilized to hasten conflict resolution and lighten the strain on the courts. Articles 14 and 21, which are based on the concepts of equality before the law, the right to life, and the right to personal liberty, recognize ADR in India. With the exclusive alternatives of negotiation, arbitration, conciliation, and the inherent legal restrictions in the same, alternative dispute resolution (ADR) approaches are utilized to expedite conflict resolution and lessen the burden on the courts. The basic aim of the ADR system is just for less intervene of the judicial system but now a days this system is inefficient to touch its sole target. This study seeks to shed some light on the numerous difficulties that alternative dispute resolution techniques face.





International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 1437 - 1442


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