International Humanitarian Law And Un Peace Operations

Shantanu Sharma
Damodaram Sanjivyaa National Law University India

Volume III, Issue IV, 2020

Arbitration dates back since 1772 in India, first time it was introduced was through Bengal Regulation Act, 1772. The research below will focus and enumerate the significance of arbitration over litigation (by explaining the pro arbitration provisions under Arbitration & Conciliation Act, 1996) and will further enhance the way arbitration has evolved itself over the years to reach to the point where it becomes the backbone of dispute resolution mechanism all over the world. The initial part of the research focuses on establishing the supremacy of arbitration over litigation and the later part of the research further throws light on the impact of COVID -19 on arbitration and how arbitration can be utilised as a tool to combat and mitigate the effect of COVID – 19, the research further goes on to highlight steps taken by International arbitral institutions (i.e. SIAC, HKIAC, LIAC, ICC) to make to process of alternate dispute resolution online hence, much more effective in terms of combating COVID – 19.

Subsequently, the research discusses the probable drawbacks associated with the process of online alternate dispute resolution and the steps taken by the concerned institutions to mitigate those effect, in the final part, the research is concluded by appreciating the merger of technology and dispute resolution and by suggesting the possible steps to be taken on order to further enhance the process of online alternate dispute resolution.

Keywords: Arbitration & Conciliation Act, 1996, SIAC COVID -19, Litigation, ICC, Online Dispute Resolution, Virtual Hearing.