Growth and development, be it individual, institutional, regional, national or
international, can never be expected sans impediments, disputes and differences.
Every progress is preserved after diffusing the disputes. This principle operates even
in modern international transactions—commercial, social, political and even human
bondage. All disputes may not be suitable for judicial scrutiny, particularly when one
goes for expediency and efficacy in resolution of issues rather than settlement of
disputes.
The significant increase in the role of international trade in the economic
development of nations over the last few decades has been accompanied by a considerable increase in the number of commercial disputes as well. Rapid
globalization of the economy and the resulting increase in competition has led to an
increase in commercial disputes. At the same time, however, the rate of industrial
growth, modernization, and improvement of socioeconomic circumstances has, in
many instances, outpaced the rate of growth of dispute resolution mechanisms. In
many parts, rapid development has meant increased caseloads for already
overburdened courts, further leading to notoriously slow adjudication of commercial
disputes.1 As a result, alternative dispute resolution mechanisms, including arbitration,
have become more crucial for business operations across globe as well as those doing
businesses. This development has to be viewed in the context of more far-reaching
changes in international relations. Thus, the second half of the 20th century has
witnessed an expansion and diversification in the ways in which States relate to one
another.
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