1.1.v: Dispute Settlement

Set Up a Dispute Settlement Mechanism

Other Information:

A dispute settlement mechanism that has the power and jurisdiction to resolve commercial and contractual disputes quickly could be set up by India. An independent tribunal formed through the Arbitration and Conciliation Act 1996 should be a forum for dispute resolution. Specific focus on resolving legacy issues such as those impacting Dow / Bhopal tragedy of 1984 and the Tamil Nadu IPPs would send a strong positive signal to US investors. In addition, India could undertake to strengthen and reform the judicial system to address the large backlog of cases and the time taken to complete legal proceedings. The issues of no limit on the number of adjournments, too few judges/ too many vacancies, large number of court holidays and poor physical infrastructure, need to be addressed on an urgent basis. Action: Task Force on Judicial Reform recommended – comprising representatives from Law Ministry, GoI, Supreme Court and CEO Forum members. Task Force to submit their recommendations in 3 months (possibly to the Law Commission that could assess/ approve these recommendations).

Stakeholder(s):

• U.S. Government


• Government of India

Indicator(s):

Indicator:1

Content