Written by Kamlesh Parikh — B.E. (Civil), PG Dip. Project Management, PG Dip. ADR · 40+ years in practice
Updated 5 November 2026 · 8 min read
Construction disputes — over delays, variations, payments and defects — can tie up projects and cash for years. In India, the Arbitration and Conciliation Act, 1996 (amended in 2015, 2019 and 2021) offers a faster, more specialised alternative to court litigation. Drawing on my experience as an engineer and arbitrator, here is how the two compare.
| Arbitration | Court litigation | |
|---|---|---|
| Decision-maker | Arbitrator(s) chosen by the parties — can include technical experts | Judge assigned by the court |
| Timeline | Statutory time limits apply to domestic arbitrations | Often several years, with appeals |
| Confidentiality | Proceedings are confidential | Generally public |
| Flexibility | Parties can agree procedure, venue and language | Fixed court procedure |
| Challenge | Limited grounds to set aside an award (Section 34) | Multiple levels of appeal |
Construction disputes turn on programmes, critical paths, measurements and variation valuations. An arbitrator who understands these technical facts can narrow the issues faster and reach a better-reasoned award — as in a GCC infrastructure dispute I arbitrated, where the parties reached a binding settlement within nine months.
I act as arbitrator and provide pre-arbitration advisory, claims review and contract drafting support. Start a conversation.
Yes. An award is final and binding on the parties and is enforceable like a court decree, subject to limited challenge under Section 34.
Usually. Domestic arbitrations have statutory time limits under Section 29A, while court cases can take years with appeals.
Arbitration needs an agreement between the parties — usually a clause in the contract, though parties can also agree to arbitrate after a dispute arises.
Independent consultant based in Vadodara with 40+ years of experience in waste management, arbitration, contract administration and project management across India, the GCC and Mauritius. B.E. (Civil), PG Diploma in Project Management, PG Diploma in ADR.
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