Alternative dispute resolution processes have seen a sharp rise
in recent times, primarily due to their manifold advantages over
the conventional method i.e. litigation. The Ministry of Law and
Justice, in its report submitted to the Parliament in September
2014 revealed that India is facing a shortage of over 6,000 judges.
It is worthwhile to state that between 2006 to 2018, India has seen
an 8.6% rise in the pendency of cases across all courts1
consequently increasing the time required by a court to decide a
case. These factors make litigation in India avoidable, especially
in contractual disputes which can be settled through alternate
mechanisms like arbitration which is governed by the Arbitration
& Conciliation Act, 1996 ("Arbitration
Act").
