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ARTICLE · 03 JULY 2024

Arbitrability Of Environmental Disputes: A Legal Perspective

Naik Naik & Company
Naik Naik & Company
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Environmental and sustainability disputes have become a pressing concern in India, with a country facing numerous challenges related to pollution, conservation, and sustainable development.

IndiaEnvironment
Anjali Sharma
Anjali Sharma

Environmental and sustainability disputes have become a pressing concern in India, with a country facing numerous challenges related to pollution, conservation, and sustainable development. The question of whether environmental dispute can be resolved through arbitration has gained significant attention in the recent years. The author through this article aims to explore the arbitrability of environmental disputes in India, examining the legal framework.

I. Legal Framework

In contemporary India, there exists a wealth of constitutional and legislative measures aimed at safeguarding the environment. The judiciary, alongside the National Green Tribunal ('NGT'), has been instrumental in advancing and fortifying environmental law in the country. Despite this robust legal framework, significant issues persist within the system. These include inadequate policy implementation, negligence in enforcing court decisions, insufficient expertise and technical knowledge among

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