ALTERNATIVE DISPUTE RESOLUTION- A SETBACK
Author – JASLEEN PASRICHA, STUDENT AT CHRIST UNIVERSITY, DELHI NCR
Best Citation – JASLEEN PASRICHA, ALTERNATIVE DISPUTE RESOLUTION- A SETBACK, ILE JOURNAL OF ALTERNATIVE DISPUTE RESOLUTION LAW REVIEW (ILE JADRLR), 1 (1) of 2023, Pg. 38-44, APIS – 3920 – 0046 | ISBN – 978-81-964391-3-2.
ABSTRACT
With technological advances in contemporary world, the communication among the people is also increasing leading to arising disputes. In 1868, it was quoted by William Gladstone(former England PM) and is a prominent saying that “Justice delayed is Justice denied”[1], and due to overcrowding of cases with the courts adding to burden on the judiciary; there was an introduction of the Alternative Dispute Redressal Mechanism(ADR). It brought in the cost-effective, speedy trial system which reduced the burden of the courts. Recently, the government of India had also declared to make India into an Arbitration hub to improve the Dispute Resolution process of the country. Justice is highlighted through Indian Constitution in its Article 14[2], Article 21[3], Article 39A[4], Article 39A[2][5]. Such concepts of justice is also mentioned in the 222nd Law Commission Report[6]. There was also the introduction of The Arbitration Act 1899[7], The Arbitration Act 1940[8], The Arbitration and Conciliation Act 1996[9]. Even after several amendments and the latest one in 2021 called The Arbitration and Conciliation (amendment) Act 2021[10]. Thus adding up the loops of these amendments, there are still practical challenges. It makes it difficult to implement the arbitral awards granted in the arbitration proceedings. It poses challenges within the justice delivery process as it limits the intervention of the courts as allowed by the Arbitration and Conciliation Act 1996[11]. It even brings in the ambiguity and absurdity in the implementation of the meanings of some terms. Though Adr involves several processes but provides more gains from the proceedings in Arbitration. This article reviews the ADR and its acts in India. It aims to put forward the flaws and contemporary issues raised in the evolution of the arbitration laws in India. This article recommends solutions to overcome these setbacks.
Key Words- Justice, Alternative Dispute Resolution (ADR), Speedy Trial, Cost- effective, The Arbitration Act, Amendment, dispute settlement.
[1] Parliamentary Debates (Hansard). HC Deb, 3rd ser., vol. 190, col. 68 (March 16, 1868).
[2] INDIA CONST. art. 14
[3] INDIA CONST. art. 21
[4] INDIA CONST. art. 39, cl. A
[5] INDIA CONST. art. 39[A], cl. 2.
[6] Law Commission of India, Need for Justice-Dispensation Through Alternative Dispute Resolution Mechanisms, 222nd Report (Government of India, 2009), 1.
[7] Sukhleen Kaur Saluja, History and development of arbitration law in India Lex pedia( MAY 23, 2020), History and development of arbitration law in India – LawLex.Org
[8] The Arbitration Act 1940, No.10 Acts of Parliament,1940(India)
[9] The Arbitration and Conciliation Act 1996, No. 26 Acts of Parliament,1996(India)
[10] The Arbitration and Conciliation (amendment) Act 2021, No. 3 Acts of Parliament,2021(India)
[11] Supra note 10