Bourgeoning Blockchain Technology In Alternative Dispute Resolution Mechanisms: A Legal Stance
- IJLLR Journal
- 27 minutes ago
- 1 min read
Ujjwal Kumar (Symbiosis Law School, Nagpur)
Aditi Gupta (D.E.S. Shri Navalmal Firodia Law College, Pune)
ABSTRACT
Alternative Dispute Resolution (ADR) has been identified as an important tool of dealing with the increasing pressure on the traditional judicial systems by providing cost effective, flexible, and consensual forms of dispute settlement like negotiation, mediation, arbitration and conciliation. In India, ADR is constitutionally compatible with the provisions of access to justice in the Constitutional Articles 14 and 21 as well as institutionally provided in the form of legislations like the Arbitration and Conciliation Act, 1996, the Mediation Act, 2023 and under Section 89 of the Code of Civil Procedure, 1908. Nonetheless, with this strong framework, conventional ADR systems are continuously challenged with time barriers to enforcement, and transparency, structural inadequacy, and eroding public confidence especially when it comes to volume of digital and cross-border conflicts.
The paper is a critical analysis of the convergence of blockchain technology and ADR in a legal perspective, specifically the regulatory and evidentiary frameworks in India, which is in the process of change. It also examines international trends in the comparative context, including decentralised arbitration models like Kleros, and how they can be adapted to the Indian law. Jurisdiction, confidentiality, enforceability, and due process challenges are also noted in the study and hybrid legal-technological models are needed. The paper wraps up by giving policy recommendations to ensure that blockchain based ADR are harmonised with the current legal frameworks thus ensuring efficiency, legitimacy and fairness in future dispute resolution.
