Enforceability of ADR Decisions in Real Estate Disputes

  • Chaitanya Chander Bali and Meghna Biswas
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  • Chaitanya Chander Bali

    Student at Amity Law School, Noida, India

  • Meghna Biswas

    Assistant Professor at Amity Law School Noida, India

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Abstract

This study examines how Alternative Dispute Resolution (ADR) decisions in real estate disputes are enforced in India and Brazil. Through comparative legal analysis, I investigate the statutory frameworks, procedural requirements, judicial attitudes, and institutional mechanisms that support enforcement in these jurisdictions. The findings reveal that while both countries have established comprehensive legal foundations for ADR enforcement, they differ markedly in procedural efficiency and institutional capacity. Brazil shows shorter enforcement timelines and higher success rates, largely due to streamlined procedures and specialized enforcement chambers. India provides stronger regulatory oversight through RERA but struggles with judicial delays. I conclude with practical recommendations for legal reforms and institutional improvements to enhance enforcement effectiveness in both countries.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 5804 - 5811

DOI: https://doij.org/10.10000/IJLMH.119671

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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