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Alternative Dispute Resolution in India - ADR: status/effectiveness study

[research report]

Konoorayar, Vishnu; Pillai, K. N. Chandrasekharan; V. S., Jaya

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Abstract This study focuses on the effectiveness of Alternative Dispute Resolution mechanisms in India. The broad targets included (a) a comparative analysis of institutional ADRs and ad-hoc ADR, (b) cost and time benefit analysis of ADRs in comparison with adjudication through courts; (c) study of the effectiveness of pre-trial mediation centres; and (e) to make concrete suggestions. The study proves that ADR in India has not been that effective when compared to adjudication through courts. The report favored institutional ADRs given the high rate of corruption and bureaucratic hitches prevalent in ad-hoc ADRs. The study also found that pre-trial mediation centres were developing in the right track.
Keywords arbitration; arbitral jurisdiction; mediation; jurisdiction; court; arbitration proceedings; India
Classification Judiciary
Free Keywords ADR; dispute resolution; commercial arbitration
Document language English
Publication Year 2014
City New Delhi
Page/Pages 166 p.
Status reviewed
Licence Creative Commons - Attribution