Optimization of conflicts in Engineering Projects Arbitration in India
Works contract arbitration in modern times is an efficacious alternative dispute resolution technique in project community vis a vis conventional mechanism of court litigation. Knowledge and exposure to effective arbitral practices could be a very effective tool in redressal of disputes that generally arise between different stakeholders in projects. We examine the current status of litigations due to conflicts in contract pending at courts and explore the use of Works contract arbitration to develop a low cost and effective dispute resolution settlement mechanism. We argue that arbitration mechanism at present is not used effectively in Indian companies for disputes resolution. It is an imperative on part of policy makers to work a practical and effective incentive mechanism for use and application of arbitration in place of present routine court litigation. Professionals associated with the project can play a creative and strategic role in promoting use of Works contract arbitration in dispute resolution. Index Terms Works contract Arbitration, Alternative Dispute Resolution, Court Litigation