ABSTRACT
Dispute Resolution Mechanisms are constantly evolving throughout the history of corporate and commercial conflicts. The process of litigation now involves delay and costliness. Alternative Dispute Resolution (ADR) has been proved to be useful as it provides a peaceful mechanism and a win-win situation for the parties in most cases. ADR includes dispute resolution of all the matters including industrial disputes, family disputes, corporate and commercial disputes. The article will focus on the corporate and commercial disputes and specifically the role of ADR in it. The most common dispute resolution mechanism chosen nowadays is mediation and arbitration. They have their own benefits and advantages but the common advantage they include is faster dispute resolution compared to litigation. Therefore, the review of literature available is in the form of primary and secondary resources. Further, the article is divided in parts. Firstly, the article will focus on the role mediation plays through various judicial pronouncements. Secondly, the article will focus on the role arbitration plays which will also involve judicial pronouncements. The article will not focus on the role ADR plays in other kinds of dispute, only on corporate and commercial disputes. Further the article will only focus on the role of two dispute resolution mechanisms commonly used which are Mediation and Arbitration. Thus, the researcher will examine these which are of immense contemporary relevance in India, and posit a conclusion for the same.
Dongre, Garishma, Role of Alternative Dispute Resolution in Corporate and Commercial Disputes (March 4, 2022).
First posted 2022-07-20 13:45:54
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