Specialised Arbitration And The Transformation Of Indian Dispute Resolution

Arbitration has emerged as a promising solution for litigants struggling with the overwhelmed Indian courts. Ad Hoc Arbitration and Institutional Arbitration are widely used to address disputes efficiently. Parties can choose their arbitrators in Ad Hoc Arbitration or the institution in Institutional Arbitration. \r

However, both frameworks lack industry-specific focus. Recently, specialized arbitral institutions have emerged, offering industry-specific rules and procedures, enhancing the efficiency of arbitration. Despite substantial investments by the domestic industry, the increasing imports of paper and paperboard, especially from ASEAN countries, are hurting the Indian paper industry. Specialized arbitration is becoming essential, as seen with the Court of Arbitration for Sport and the WIPO Arbitration and Mediation Centre. \r

Specialized arbitrators, such as those in the Society of Construction Arbitrators and the London Maritime Arbitrators Association, ensure expertise and minimize challenges to awards. The Indian arbitration system could benefit from integrating specialized arbitration within generalist centers, enhancing the Alternative Dispute Resolution landscape. As India aspires to be an arbitration hub, focusing on specialization and improving ad hoc arbitration could bridge the gap with international practices and boost efficiency.