Arbitration and Mediation in India: A System Still Waiting to Be Used

This blog argues that India's difficulty in settling disputes outside court lies in the use of existing mechanisms, not in the absence of law. Relying on the 165th Report of the Parliamentary Standing Committee and the 2026 EY India survey, it reviews court pendency, the development of arbitration law, the low caseload of the India International Arbitration Centre, the partly notified Mediation Act, 2023, and Lok Adalat figures. It ends with four suggestions, including notifying the remaining provisions of the Mediation Act and adding institutional arbitration clauses to government contracts.