Volume VI Issue II

Round Up

Quarterly Alternative Dispute Resolution Round-Up (January 2026 – April 2026) 

Interview
Articles
by Dr. Sarosh Zaiwalla
 
English arbitration was initially built on a simple promise: a sanctuary where the rigid formalities of the High Court were traded for the swift, practical judgment of industry peers. The English arbitration process was to belong to the commercial man, and disputes were resolved through industry-specific knowledge and integrity rather than the cold mechanics of binding legal precedent and courtroom convention. Russel on Arbitration, one of the early legal practitioners’ books of International Arbitration began with the words “honest men dread arbitration more than lawsuits”. 
 
 

Arbitration has evolved significantly from its traditional perception as a streamlined and party- driven mechanism into a procedurally intensive system characterised by complex documentation, expert evidence, jurisdictional disputes, and strict procedural timelines. In response to these increasing managerial demands, arbitral tribunals have developed a growing reliance on arbitral secretaries to assist with organisational, research, and drafting functions. Although such assistance is frequently justified on grounds of efficiency and cost-effectiveness, it raises an important structural concern regarding the legitimacy of arbitral adjudication and the extent to which secretarial participation may dilute the tribunal’s personal decisional mandate.

Emergency Arbitration For Crypto Assets In India Under The Shadow of PMLA
by Ms. Kashish Singhvi and Ms. Raima Singh

Cryptocurrency disputes reveal a huge difference in how disputes are resolved between digital markets and traditional dispute resolution settings. Cryptocurrency values fluctuate within hours and can be moved irreversibly amongst blockchain networks within a matter of minutes. However, the conventional arbitration method is much slower and usually unfolds over months, which requires time to establish the tribunal; exchange pleadings, and file interim applications to grant relief. By then, the asset may have doubled in value, collapsed, or disappeared across wallets.

Beyond Courts and Tribunals: Evaluating The Banking Ombudsman Mechanism in India Under Regulatory ADR
by Ms. Ananya Shrivastava

The Indian justice system is burdened with challenges such as excessive delays, procedural
complexities and the increasing costs of litigation, especially in areas of civil and regulatory disputes. Various judicial and policy-based interventions introduced to remedy this remain fruitless
as the Indian courts and tribunals still remain overburdened. Various empirical studies, Law
Commission reports, and judicial observations highlight that these problems dilute the remedial value and public confidence in the legal systems. This has necessitated the development of alternative institutional frameworks that deliver timely dispute resolution.

Between Settlement and Award: Judicial Restraint and Corporate Authority And Finality in International Arbitration — A Critical Analysis of LT v RV                                                                 by Mr. Mohak Chaudhary and Ms. Anusha Dixit

International arbitration has become the most favourable way of resolving complicated disputes with cross-border implications due to its adaptability, objectivity, and enforceability within the international system developed through the United Nations Commission on International Trade Law [“UNCITRAL”] Model Law and the Convention on the Recognition and Enforcement of a Foreign Arbitral Awards [“New York Convention”]. The concept of ‘arbitral award’ serves as a cornerstone in the efficiency of this system. Nonetheless, the modern process of arbitration has become more and more hybrid in terms of final results obtained, being both substantial and procedural in nature. Some examples include incidents such as reaching of settlement agreements during arbitration procedures, procedural termination decisions, and awards resulting from consent of parties involved, which undermine the common definition of an ‘arbitral award’ and may have legal implications different from those generally provided.

Compilation