Construction, infrastructure and real-estate projects frequently involve complex contractual, technical and commercial issues. When disagreements arise, the choice of dispute-resolution process can significantly affect the time, cost, commercial relationships and enforceability of the eventual outcome.
This webinar will examine practical and effective approaches to resolving disputes arising from India's built environment. It will help participants understand how to assess a dispute at an early stage, identify opportunities for negotiated settlement and determine whether mediation, arbitration, commercial litigation, RERA proceedings or another contractual mechanism is most appropriate.
The programme will consider the legal and institutional framework governing dispute resolution in India. Domestic and international commercial arbitration is governed by the Arbitration and Conciliation Act, 1996. The Mediation Act, 2023 provides a statutory framework for mediation, including pre-litigation mediation and mediated settlement agreements. Commercial disputes may also be subject to pre-institution mediation under Section 12A of the Commercial Courts Act where urgent interim relief is not being sought.
For relevant real-estate disputes, the webinar will also consider the remedies available under the Real Estate (Regulation and Development) Act, including proceedings before regulatory authorities, adjudicating officers and appellate tribunals.
The emphasis throughout will be on selecting a proportionate process, preserving project and business relationships, controlling legal and expert costs and achieving commercially workable and enforceable outcomes.