The IUP Journal of Law Review
Arbitration Hub in India: A Proposed Institutional Model
Article Details
| Pub. Date | : Jan, 2020 |
|---|---|
| Product Name | : The IUP Law Review |
| Product Type | : Article |
| Product Code | : IUPLR10120 |
| Author Name | : Yashasvee Khanna, Shivam Agrawal, Nikhil Kapare, Shivansh Sharma, Pratham Singhaniya and Smitha Yadav |
| Availability | : YES |
| Subject/Domain | : Law |
| Download Format | : PDF Format |
| No. of Pages | : 26 |
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Abstract
Construction sector is associated not only with the highest revenue and employment generation but also with maximum unresolved disputes. This discrepancy is observed due to lack of an efficient dispute resolution mechanism. This paper tries to highlight the pitfalls in the current mechanism and proposes guidelines to establish a system to tackle these issues. A survey was conducted with the arbitrators, architects and engineers working in the construction sector. The paper proposes step-by-step guidelines to establish the hub that consists of a separate board and dispute resolution method as per the sector, and lays down procedures to maintain a pool of arbitrators and technical staff under its wings.
Description
More than 80,000 cases each year go for arbitration. According to Justice Rao (2010), approximately 320 years would be required to clear the backlog of 31.28 million cases pending in Indian courts. Thus, faster and better means of handling disputes is essential in our country. Alternative Dispute Resolution (ADR) infers to all those methods of resolving a dispute, which are alternatives for litigation in the courts. ADR includes a variety of processes through which litigants or potential litigants may resolve their disputes that fall outside of the government judicial process.
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