ARBITRATION VS LITIGATION: EMERGING TRENDS IN COMMERCIAL DISPUTE RESOLUTION IN INDIA

AUTHOR – DURGESH KUMAR, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, PATNA

BEST CITATION – DURGESH KUMAR, ARBITRATION VS LITIGATION: EMERGING TRENDS IN COMMERCIAL DISPUTE RESOLUTION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 282-286, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In an era marked by rapid economic growth and globalization, India’s commercial dispute resolution mechanisms have come under intense scrutiny. Arbitration and litigation — the two primary dispute resolution frameworks — have evolved considerably over recent years. This article provides an in-depth analysis of arbitration and litigation in India’s commercial context, exploring historical backgrounds, recent legislative reforms, significant judicial pronouncements from 2025, emerging trends, and practical considerations for businesses. The paper also examines the integration of technology and the growing role of mediation, positioning these developments within the framework of India’s expanding global economic engagements. The objective is to provide a comprehensive, original, and nuanced perspective on how India is shaping the future of commercial dispute resolution amidst both challenges and opportunities.

Keywords: Arbitration in India, Arbitration vs. Litigation, Arbitration and Conciliation Act, Commercial Dispute, Enforcement of arbitral awards