Short Note By Manish Mehrotra
With the onset of globalization and India’s trajectory of investments pouring in, commercial disputes are rising and bound to rise. The volume of arbitration litigation is increasing day by day in our country, however , in volumes sometimes quality is lost sight of and it becomes a huge stressor for the litigants who spend huge amounts on arbitrations.
Arbitration cases are rapidly increasing, but the quality can drop, causing major stress and high costs. A typical case starts strong with all the legal steps and paperwork in place. However, right after the initial pleadings are filed, the case often starts to slow down. The pace drags, hearings take longer, and the original clear argument begins to get complicated. This slowdown is where many arbitrations quietly fail. The failure is not a sudden mistake but a gradual loss of focus and control, often due to getting overconfident in the initial claim, losing the clear story, or being unable to adapt as the case develops. This phase results in confusion for the clients and difficulty for the lawyers and tribunals, marking the moment the arbitration either moves forward or simply falls apart. Hence, the issue is where arbitrations face the silent crises post pleadings. These are inter-alia some quality challenges in the Indian Arbitration System.