@article{Shahi_Rastogi_2021, title={Challenges in Enforcing Awards in Investor State Disputes}, volume={3}, url={https://glslawjournal.in/index.php/glslawjournal/article/view/47}, abstractNote={<p><em>For many centuries, the pursuit of justice has been a universal human aspiration. Aspirations such as justice-social, economic, and political may be found in the Constitution’s preamble. According to the Constitution, Article 39-A ensures that everyone has equal access to the court system. Adversarial litigation isn’t the only way to settle conflicts, as the world has seen. Overcrowding in courtrooms, a scarcity of personnel, and other issues including delay, expense, and formality all point to the need for more innovative solutions. If you want to use an ADR</em><em> mechanism, all you have to do is click on it. The Indian court infrastructure as it is right now is insufficient to deal with the increasing volume of litigation in a fair amount of time. Despite their best efforts, the average person may get mired in litigation for the rest of their lives, and it can even extend to the next generation in certain cases. In addition to being harassed, he risks depleting his resources in the process. All those involved in the administration of justice have a long-term interest in expediting cases and delivering high-quality justice, as has been correctly stated. The existing infrastructure of courts must be supplemented with ADR procedures as soon as possible in this context. ADR systems are being made available throughout the globe for settling ongoing disputes and at the pre-litigation stage, in addition to improving the efficiency of the judiciary’s work. The sad reality is that we may be on our way to a society invaded by hordes of attorneys, ravenous as locusts, and bridges of Judges in numbers never before imagined, said former American Supreme Court Chief Justice Warren Burger. No, it’s not true that the average person wants a courtroom with black robed judges, well-dressed attorneys, and ornate paneling to settle their conflicts in. People who have legal issues, like those who are in pain, want relief, and they want it as soon and cheaply as possible.</em></p> <p><em>In all, ADR arbitration has risen to prominence as the preeminent ADR form. As a result, its usefulness has grown. Aside from court adjudication, it’s very popular since it’s the only option. Each country has had a distinct legal, social, and cultural evolution throughout its history. When foreign parties are involved in commercial discussions, they may come into differences. Even if the parties can come to terms, litigation may be necessary to assist them settle their differences. Litigation may be a barrier for parties because of the various laws and processes that apply in different countries. To resolve this issue, litigation may not be the best option. The private and impartial character of arbitration makes it an ideal dispute settlement technique.</em></p> <p><em>In light of this, it’s critical to assess if Indian arbitration law, as it now exists, is effective after being shaped by numerous conventions, treaties, laws, rules, and Acts, among other things. Accordingly, we’re looking at legislative provisions as well as judicial approaches in the current study.</em></p&gt;}, number={2}, journal={GLS Law Journal }, author={Shahi, Charu and Rastogi, Sachin}, year={2021}, month={Dec.}, pages={18 - 38} }