In India, there is still a need to understand the importance, usage, and implementation of unified and standardized construction laws, contract management, and dispute resolution techniques to facilitate the effective and timely completion of construction projects.
There are crores of cases pending in the lower courts. Of these an estimated 20% cases are related to commercial disputes. This resulted in India ranking as far down as 163rd on contract enforcement, as published by the World Bank.
Additionally, the Arcadis Global Construction Dispute Report 2020 indicates, that the global average time taken to resolve construction disputes is 15 months, while in India this is 7-8 years.
In 2016, the Government set rules for speedy redress of construction disputes, while at the same time allowing for the establishment of commercial courts. However, commercial courts have not proved as effective as had been hoped in providing timely solutions that address construction disputes. ADR has become an effective way of settling disputes. RICS has introduced DRS in India in collaboration with Indian Link Legal India Law Services.
Commenting on the launch of DRS, Nimish Gupta FRICS - MD, South Asia - RICS said, "For the sector to perform effectively, it is imperative to ensure that contracts are enforced appropriately and there is a robust dispute resolution mechanism in place. However, we have continued to witness challenges with ADR in India - specific to the sector. This is on account of arbitrators not possessing the technical skills and expertise, to completely grasp the challenges and deviation from contractual terms needed when awarding judgment / resolving disputes. The RICS training is designed not only for people who want to work as dispute resolvers but for the growing number of built environment practitioners who recognize how valuable dispute resolution skills are in their day-to-day professional lives."
In a statement, John Fletcher, Head, Dispute Resolution Service, RICS said, "Ever since the changes to the Indian Arbitration Act, which in effect opened to market to arbitration by built environment professionals, RICS and Link Legal have worked closely to develop the training and appointment service needed to provide the Indian industry with arbitration which is efficient, expert, industry-driven and cost-effective.
Atul Sharma, Managing Partner, Link Legal India Law Services in a statement said, "This will create opportunities for professionals to acquire the skills and experience of dispute resolution as well as to train, qualify and act an arbitrator, with an international institutional framework in compliance with the requirements of our Indian laws.
This article does not intend to hurt the sentiments of any individual, community, sect, or religion, etcetera. This article is based purely on the author’s personal opinion and views in the exercise of the Fundamental Rights guaranteed under Article 19(1)(A) and other related laws being enforced in India for the time being.