In this episode of Podcast Bites by IndiaLaw LLP, host Jigar Trivedi breaks down NHAI Policy Circular No. 11.82 of 2026, a major reform reshaping dispute resolution in infrastructure projects. Issued by the National Highways Authority of India, the policy replaces the traditional multi-tier mechanism with a value-based approach, where disputes below ₹10 crore proceed to arbitration, while higher-value claims are diverted to conciliation or civil courts under the Arbitration and Conciliation Act, 1996.
This shift has significant implications for concessionaires, lenders, and EPC contractors, impacting enforceability, project cash flows, and bankability. By removing binding arbitration for large claims and applying the change retrospectively, the policy raises critical concerns around contractual certainty and dispute resolution efficiency in India’s infrastructure sector.
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