Instrumentalizing Arbitration And ADR: Evolving Mechanisms For Dispute Resolution In A Rapidly Transforming Legal Landscape
- IJLLR Journal
- Apr 25
- 2 min read
Aseem Simlote, B.A. LL.B., S.S. Jain Subodh Law College, Jaipur
ABSTRACT
The landscape of dispute resolution is rapidly evolving, driven by technological advancements, globalization, and increasingly complex regulatory frameworks. Traditional litigation is no longer viewed as the most effective means of resolving disputes, with arbitration and Alternative Dispute Resolution (ADR) mechanisms emerging as flexible, confidential, and expedited solutions. These mechanisms are reshaping legal conflict resolution, catering to modern demands for efficiency, cost-effectiveness, and expertise.
This paper explores the expanding role of arbitration and ADR in three key sectors—digital entertainment and the virtual economy, construction and real estate, and insolvency and taxation. The digital revolution, marked by technologies like blockchain, NFTs, decentralized finance, and online content creation, presents challenges to conventional legal frameworks. In response, Online Dispute Resolution (ODR) platforms, smart contract arbitration, and algorithmic dispute resolution are examined as tools offering quick and accessible remedies. These innovations are transforming dispute resolution practices, particularly within the virtual economy.
In construction and real estate, sectors often burdened by complex, multi- party disputes, the paper examines how ADR methods such as arbitration and expert determination can offer specialized solutions, balancing speed and fairness. It also addresses the challenges in insolvency and tax disputes, where party autonomy clashes with regulatory concerns, proposing ways to reconcile these competing interests.
Through doctrinal analysis and case law insights, the paper advocates for a structured and harmonized ADR framework to ensure accessibility, impartiality, and global enforceability. It calls for institutional reform, improved digital infrastructure, and global cooperation to make ADR more resilient and inclusive.
Keywords: Alternative Dispute Resolution (ADR), Arbitration, Online Dispute Resolution (ODR), Smart Contracts, Insolvency Law, Tax Disputes, Construction Arbitration, Real Estate Disputes, Digital Economy, Party Autonomy, Regulatory Frameworks, Legal Technology.
