Assessment of Commercial Dispute Resolution in South India

CDR booklet (2)_001

The Indian dispute resolution arena is witnessing significant developments with the Central Government’s steadfast commitment to discouraging litigation and encouraging companies to take up alternate dispute resolution systems. In this context, CPPR with the support of the British Deputy High Commission, Chennai, took up the initiative to assess the dispute resolution scenario in India with specific focus on the three southern states of Karnataka, Tamil Nadu and Kerala. The initiative aims to assist the governments and industries in developing right strategies for promoting dispute resolution practices in India. As a leading policy think-tank, CPPR aims to shape policies in this area to develop India as a major destination for investments and dispute resolution. We interviewed 100 respondents, mainly practitioners, entrepreneurs and academicians related to the field to understand the present condition of dispute resolution in India. As part of a long-term commitment to strengthening dispute resolution, CPPR trained more than 50 professionals in commercial dispute resolution. This study evaluates how dispute resolution system works in India and tries to understand the concerns of entrepreneurs given the thrust on Ease of Doing Business.

Major Recommendations from the Study

  • Legal recognition to enforce mediation agreements – amendments to be made in the Arbitration and Conciliation Act, 1996
  • Pre-trial conference and pre-discovery of evidences to be enlisted as part of Case Management Rules to be adopted by High Courts in all states
  • Allow referrals of government-involved disputes to private arbitration and mediation centres
  • Mandatory adoption of alternate dispute resolution by companies through legally enforceable agreements, involving techniques like med-arb
  • Companies to develop in-house capacity for dispute resolution through specialised training in ADR
  • Government to recognise and authorise arbitration and mediation centres through a transparent and formal quality checking process – commercial dispute resolution to be self-regulated

Click here for the full report: Assessment of Commercial Dispute Resolution in South India

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