How different is Arbitration from Litigation
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Aug 21, 2017

The ministry of law in India has asked government departments to go for online arbitration to fast track dispute resolution and bring down government litigation which constitutes nearly 46% of about three crore pending court cases. The ministry has identified 12 arbitration agencies working in India and has asked all the ministries and associated departments to avail the facility of online arbitration for out-of-court settlements and quick resolution of disputes.

The 12 identified agencies include an arbitration centre run by the ASSOCHAM, the Bangalore-based BIMACC, a Delhi-based construction industry related arbitration council which is also a joint venture with the Singapore International Arbitration Centre, an online consumer mediation centre run by the National Law University, Bengaluru, and the Delhi Dispute Resolution Society, a unit of the Delhi government, among others. “Presently there are more than three crore cases pending in various courts of the country and 46% of these involve government departments or government bodies. Hence, the department of justice is keen to explore options for government departments for settlement of their disputes through alternate methods,” the ministry has said.

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To cut litigation, ministries have been advised not to go to court for their disputes and instead opt for arbitration. “This may help courts to concentrate on access to justice to people in a better manner,” the ministry noted. Many of these agencies provide services of retired judges, senior advocates, chartered accountants, retired civil servants for mediation. Providing a list of such agencies on its website, the law ministry has said the departments may select from them according to their choice and can use their services which will “help to a great extent in reducing government litigations”.


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ADR Daily is a specialized news portal with a focus on providing authentic news, information and research analysis on Appropriate Dispute Resolution (ADR), Human Resource Management (HRM) and Industrial Relations Management (IRM) in Ghana and beyond. This platform serves as an information resource base for the progress of the ADR, HRM and IRM industries, and seeks to promote professionalism in ADR practice by supporting a network of ADR professionals within and across nations and continents. ADR Daily keenly encourages the mass adoption of ADR mechanisms, particularly negotiation, mediation and arbitration for the resolution of disputes in all spheres, through the publication of industry news and information, as well as by deploying innovative awareness creation engagements.