Alternate Dispute Resolution between Sovereign and its Instrumentalities - Time to Rethink
Vasantharao Satya Venkata Rao, Advocate and Former Deputy Managing Director Small Industries Development Bank of India
Phani Kumar Anupindi, Advocate & Former Corporate Leader Saint Gobain India
Abstract
There is a lot of litigation pending between the Central/ State Governments/ Statutory corporations with its own instrumentalities i.e., Public Sector Banks and vice versa. These parties often tend to go for litigation, instead of availing other options such as Alternative Dispute Resolution, which includes conciliation, mediation and other options. The Sovereign and its instrumentalities are considered as two sides of the same coin. Still, in many situations, they engage in litigation, instead of more amicable methods of dispute resolution, ultimately contributing to docket explosion.
Keywords: Government, Public Sector Banks, Conciliation, Mediation, Alternative Dispute Resolution
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