Arbitration as an alternate method of resolving disputes is not new in India. Before and after the Arbitration and Conciliation Act, 1996 was amended, there were a few private-sector arbitration organisations operating in various states. Arbitration’s private approach to dispute settlement allowed private players to establish and operate arbitration organisations. However, the much-discussed expansion of ADR institutionalisation in response to the increased pressure on courts has yet to begin.

“The Government of India under the dynamic leadership of Hon’ble Prime Minister is committed for speedy resolution of commercial disputes and to make India an international hub of Arbitration and a Centre of robust ADR mechanism catering to international and domestic arbitration, at par with international standards available” has been the opening sentence of the Justice Sri Krishna Committee’s report on the institutionalisation of arbitration as an alternative conflict resolution method in India.

Advertisement

The High-Level Committee was tasked with reviewing the institutionalisation of arbitration mechanisms and making recommendations for improvements. The Committee, which met seven times in eight mon – ths, gave its report to the Minister of Law and Justice Ravi Shankar Prasad on 4 August 2017. Since then, the government has held elections twice and won the mandate to govern the country, changed law ministers twice, and altered the arbitration act twice (in 2019 and 2021), enacted the Mediation Act 2023 but the promised institutionalisation has yet to materialise.

Advertisement

The enactment of the Mediation Act took over three years of deliberations. Both acts claimed to institutionalise Alternative Dispute Resolution (ADR) in India by establishing the Arbitration........

© The Statesman