(34.200.218.187)
Users online: 2300    [ij] [ij] [ij] 
Email id
 

International Journal of Technology
Year : 2015, Volume : 5, Issue : 2
First page : ( 281) Last page : ( 284)
Print ISSN : 2231-3907. Online ISSN : 2231-3915.
Article DOI : 10.5958/2231-3915.2015.00036.X

Expectations from Arbitration and Conciliation (Amendment) Ordinance, 2015 in Government Infrastructure Contracts

Dr. Mongia Rajesh*

Joint Director (Contracts), Military Engineer Services, HQ CWE Jhansi, Jhansi Cantt, Jhansi, India

*Corresponding Author Email: raj1mongia2@yahoo.co.in

Online published on 11 March, 2016.

Abstract

The main objectives of the Arbitration and Conciliation Act 1996 were to minimize the supervisory role of courts in the Arbitration process while simultaneously imparting a legal force to conciliation to effectively resolve contractual disputes. Thereafter, the law of Alternative Dispute Resolution (ADR) in commercial contracts in India has been ever evolving. Some judgments of the Supreme Court highlighted certain inadequacies of the Act whereas certain other judgments jolted the confidence of foreign investors in Indian Judiciary. Thus, a strong need was felt to revisit the Act and hence the Arbitration and Conciliation (Amendment) Ordinance, 2015 promulgated by the President on 23 Oct 2015. Due to several associated uncertainties, an infrastructure contract is more prone to occurrence of disputes than any other contract. A sound and efficient dispute resolution mechanism is most essential for infrastructure development of a country. This paper discusses the expectations from the ordinance and subsequent law on the current scenario of dispute resolution in Government Infrastructure Contracts to ensure that public money catered for infrastructure development does not get blocked in endless litigations.

Top

Keywords

Infrastructure Contracts, Alternative Dispute Resolution (ADR), Arbitration, litigation.

Top

  
║ Site map ║ Privacy Policy ║ Copyright ║ Terms & Conditions ║ Page Rank Tool
436,682,998 visitor(s) since 30th May, 2005.
All rights reserved. Site designed and maintained by DIVA ENTERPRISES PVT. LTD..
Note: Please use Internet Explorer (6.0 or above). Some functionalities may not work in other browsers.