Fine-tuning India's arbitration aspirations

Pending commercial cases, their reduction through enhanced ADR have long been priority for the govt

India’s issues with pending commercial cases and their reduction through an enhanced alternative dispute resolution (ADR) system have long been a high-priority agenda of the government. A significant push towards achieving this objective was through the dual-pronged approach of implementing the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, alongside the introduction of substantive changes to the Arbitration and Conciliation Act, 1996 (the Act), through the passage of the 2015 amendment.

The September 5,2016, NITI Aayog circular requiring public sector undertakings to deposit 75 per cent of an arbitration award while challenging it, further