The Role Of ADR In Cross-Border Commercial Disputes: Analyzing Case Laws And Challenges
- IJLLR Journal
- Jun 12
- 1 min read
Alekha Chowdhury, LLB, JGLS, O.P. Jindal Global University
ABSTRACT
This paper examines the role of Alternative Dispute Resolution (ADR) in resolving cross-border commercial disputes in an increasingly globalized economy. Traditional litigation is often ill-suited for international disputes due to high costs, lengthy procedures, and its adversarial nature. In contrast, ADR mechanisms—such as arbitration, mediation, and conciliation—offer flexible, efficient, and confidential alternatives that accommodate diverse legal systems and cultural contexts.
The paper explores the practical viability of ADR compared to litigation, focusing on cost, timeliness, and party satisfaction. It addresses jurisdictional complexities in cross-border ADR, particularly issues related to the seat of arbitration, governing law, and the role of national courts. A comparative approach is adopted to analyze how India and other jurisdictions manage these challenges.
A key area of focus is the enforcement of arbitral awards. The paper critically examines enforcement barriers in India, particularly the broad application of the public policy exception, and compares them with other New York Convention signatories. It also evaluates how international legal frameworks can aid dispute resolution.
The study includes a comparative analysis of India’s ADR legislation— especially the Arbitration and Conciliation Act, 1996—and the UNCITRAL Model Law. It further analyzes landmark case laws and evaluates the role of institutions like the MCIA, ICA, ICC, and LCIA in shaping effective ADR practices.
Finally, the paper considers emerging developments such as Online Dispute Resolution (ODR) and the technological advancements shaping the future of ADR, aiming to contribute to ongoing discussions on improving global dispute resolution mechanisms.
Keywords: ADR, Cross-Border Disputes, Arbitration, Enforcement, India, New York Convention, UNCITRAL, ODR.
