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Role Of Dispute Resolution Mechanisms In Resolving Infrastructure Related Disputes




Neil J Shah, Institute of Law, Nirma University

ABSTRACT

Any nation needs a strong legal system in order to draw in investments as well as to guarantee that the project being funded is completed within the allotted budget. Despite the size of the country's current infrastructure sector, India has continually worked to meet investor expectations in order to increase its physical and social infrastructure requirements. Enforcing contracts is one of the six criteria that did not significantly improve, despite India's notable improvement in the Ease of Doing Business 2020 ranking. India must undoubtedly make significant efforts to shorten the time it takes to resolve cases and raise the efficiency of the judicial system. The aim of the article is to analyse the legislative framework that the government is working to put in place in order to make India an environment that is welcoming to investors in infrastructure projects. The report also looks at potential roadblocks that investors can encounter while seeking legal redress under the current rules in India. The majority of disputing parties in India choose arbitration over other dispute resolution processes including mediation, conciliation, and the dispute adjudication board. More than half of disputes would not go to arbitration if the dispute adjudication boards and mediation were effective and efficient nationwide. Finally, the article offers some recommendations for improving the legal system based on the research.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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