Alternativeness Of Arbitration
- IJLLR Journal
- Jul 9
- 2 min read
Aayush Sharma, Delhi Metro Rail Corporation
ABSTRACT
Alternate Dispute Resolution (ADR), by the very name suggests that it is a mechanism of resolving the disputes, which does not require the parties to approach the traditional/conventional institutes of dispute resolutions like the courts or jury. ADR as a mechanism was conceptualized in early 1500s as a method which will provide speedy and cost effective remedy to the parties. Earlier, when a dispute arises, the parties to the dispute approach some responsible/ senior member of the society like a “Sarpanch” in India or a member of senate in roman empire or such other person appointed by the king for resolution their disputes without any restriction on the basis of the nature of dispute. Later as the society develops, people began to engage and interact with each more commonly and disputes among them also become more common. Thus, a formal system for resolution of disputes is developed in the form of courts, which have a set of rules and regulations and a set mechanism for resolution of disputes. But this formal nature is also time consuming and costly, thus in early 1600s it was realized that it is a need of a dynamic society that certain kinds of disputes, majorly which are of civil or commercial nature are needed to be resolved quickly and in a less expensive manner and thus, ADR as a dispute resolution mechanism become more popularized due to its quicker and cost effective nature. And due to this popularity, recognition and formalization of ADR mechanisms also started and eventually, traditional ADR mechanisms were codified and made into formal laws.
In this article we try to analyze the present status of ADR mechanisms specifically the effectiveness and viability of arbitration as it exists, and whether present Arbitration scenario in India is such as to make it really an “alternative” method of dispute resolution.
