Acta Scientific Gastrointestinal Disorders (ASGIS)(ISSN: 2582-1091)

Review Article Volume 6 Issue 11

COVID-19 and Arbitration in India- Human Rights Issues and Challenges

Swati Chakraborty*

Assistant Professor, GLA University; Writing Fellow, COMPOSE, Universitas Islam Internasional Indonesia, Indonesia

*Corresponding Author: Swati Chakraborty, Assistant Professor, GLA University; Writing Fellow, COMPOSE, Universitas Islam Internasional Indonesia, Indonesia.

Received: August 10, 2023; Published: October 12, 2023

Abstract

The COVID-19 pandemic has had a significant impact on the arbitration process in India. The Indian courts have been closed or operating at reduced capacity, which has caused delays in the resolution of disputes. This has led to a backlog of cases and an increase in the time it takes for disputes to be resolved. Additionally, many parties to disputes have been unable to participate in arbitration proceedings because of travel restrictions and quarantine measures.
The Indian government has taken steps to address these challenges. The Indian Council of Arbitration has issued guidelines for conducting virtual arbitration proceedings, which have allowed for the resolution of disputes to continue even during the pandemic. The government has also passed legislation to allow for the use of video conferencing and other technology to conduct arbitration proceedings.
Despite these efforts, there are still concerns that the pandemic is having a negative impact on the arbitration process in India. Some parties to disputes may be unable to participate in virtual proceedings due to a lack of access to technology or other barriers. Additionally, there is a risk that the backlog of cases and delays in the resolution of disputes may cause undue hardship for parties to disputes, particularly small businesses, and individuals. Overall, the COVID-19 pandemic has presented significant challenges to the arbitration process in India, but the government and other organizations have taken steps to mitigate these challenges and continue resolving disputes.

Keywords: COVID-19; Arbitration in India; Human Rights

References

  1. Blackaby Nigel., et al. “International Arbitration in Latin America Kluwer (2003).
  2. Born Gary. “International Commercial Arbitration Kluwer (2009).
  3. Craig W Laurence., et al. “International Chamber of Commerce Arbitration Oxford University Press” (2001).
  4. Redfern A and Hunter M. “Law and Practice of International Commercial Arbitration 4th Edition” (2004).
  5. Dezalay Yves and Garth Bryant G. “Dealing in Virtue: International Commercial Arbitration and the Construction of a Transnational Legal Order” (1998).
  6. Lew Julian., et al. “Comparative International Commercial Arbitration” (2003).
  7. The Permanent Court of Arbitration. “International Alternative Dispute Resolution: Past, Present and Future (2000).
  8. “International Arbitration: Corporate Attitudes and Practices” (2008).
  9. Stuyt Alexander. “Survey of International Arbitrations” (1990): 1794-1970.
  10. Schreuer Christoph H. “The ICSID Convention: A Commentary Cambridge University Press- (International Centre for Settlement of Investment Disputes) (2001).
  11. Dugan Christopher., et al. “Investor-State Arbitration Oxford University Press” (2005).
  12. Buhring-Uhle Christian and Kirchhof Gabriele Lars. “Arbitration and Mediation in International Business 2nd Edition” (2006).
  13. Bennoune, Karima. "Lest We Should Sleep": COVID-19 and Human Rights". American Journal of International Law 4 (2020): 666-676.
  14. S Sures. “Human rights and arbitration in India: An analysis”. Journal of International Arbitration 3 (2011): 231-244.

Citation

Citation: Swati Chakraborty. “COVID-19 and Arbitration in India- Human Rights Issues and Challenges".Acta Scientific Gastrointestinal Disorders 6.11 (2023): 21-25.

Copyright

Copyright: © 2023 Swati Chakraborty. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.




Metrics

Acceptance rate35%
Acceptance to publication20-30 days

Indexed In




News and Events


  • Certification for Review
    Acta Scientific certifies the Editors/reviewers for their review done towards the assigned articles of the respective journals.
  • Submission Timeline for Upcoming Issue
    The last date for submission of articles for regular Issues is December 25, 2024.
  • Publication Certificate
    Authors will be issued a "Publication Certificate" as a mark of appreciation for publishing their work.
  • Best Article of the Issue
    The Editors will elect one Best Article after each issue release. The authors of this article will be provided with a certificate of "Best Article of the Issue"

Contact US