Arbitration was introduced as an efficient and practical alternative to court procedures and litigation. To support the same, certain power was given to the courts to grant certain interim protection to the parties under Section 9 of the Arbitration and Conciliation Act, 1996 (herein referred to as the Act). This power enables the court to provide protection of the subject matter of the dispute and give the parties an immediate remedy before the arbitral tribunal decides the matter.
The process of arbitration has always been based on the thinking that the parties should have the freedom to decide how their disputes shall be resolved. This is called party autonomy. It becomes more visible when it comes to Ad Hoc Arbitration.
This concept is applicable to arbitration as well, especially when someone approaches the court for the appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. If a party proceeds with arbitration, then it decides to step back without asking permission to come back later, it might lose the right to again start the entire process for the same issue.
International arbitration usually deals with disputes that are not merely legal, but also technical and complex. Such cases may involve industries such as construction, infrastructure, or complex commercial agreements where understanding the facts requires more than legal knowledge. This is where the role of experts in arbitration is highlighted. Experts are individuals who have specialized knowledge or experience in a particular field.
Disputes as to the quality of work are also very common construction disputes which might require assistance of a construction lawyer. These disputes arise when the work which has been finished does not meet the standards which were originally agreed upon or when low quality materials are used in the project. In some scenarios, it is pretty confusing whether the issue arose due to poor workmanship or due to a problem in the design itself.
It is a process in which an external third party agrees to fund one of the parties involved in arbitration in exchange of some part or share in the compensation awarded, if the funded party wins. When it comes to regulatory frameworks for TPF, it has gained proper legal recognition in various jurisdictions, such as Singapore under the Singapore International Arbitration Centre (SIAC) Rules, 2016, however, India still remains in a state of legal uncertainty.
The government is usually hesitant about arbitration when it comes to public procurement contracts. Scholars have always pointed out that when the state enters into a contract, even though it acts like a private party, but it carries certain responsibilities towards public. This, as already mentioned, creates a gap. Unlike private companies, the government has to answer to the auditors, the parliament, and ultimately to the people.
India’s push towards rapid infrastructure development has resulted in large-scale projects such as highways, metro rail systems, smart cities, and renewable energy parks. With projects of this scale, disputes are almost unavoidable. The most common issues include delays in completion, cost overruns, variation claims, defective design allegations, land acquisition problems, and disputes relating to termination or performance of contracts.
EPC contracts are widely used in construction and infrastructure projects. Under this model, the EPC contractor assumes responsibility for engineering design, procurement of materials, and the construction of the entire project for a fixed price and by a fixed completion date. The client or employer transitions to operation by simply “turning the key,” which is why these contracts are also known as turnkey contracts.
On one hand, this digitization has helped a lot with economic growth in India, like boosting development in ways that were not there before. But then, it comes with these tricky privacy issues, things like data breaches or sharing information wrongly, and also that algorithmic profiling where they build profiles on people, or even sending data across borders. It feels like the positives are clear, but the risks are getting harder to ignore. Here, resorting to ADR mechanisms can make things easier than litigation.
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