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July 2023

Impact of the Alternative Dispute Resolution Mechanism on the Economic Growth of India

By Karishma Vora, Barrister, England
Kunal Katariya, Advocate, Mumbai
Reading Time 17 mins
INTRODUCTION
On a recent trip back to Copenhagen, I was keen to revisit Christiania, a social experiment where hippies squatted and rejected state control. Originally set up in 1971 in a former military complex in Denmark’s capital, it had continued in its existence and the population had grown, but this hippie utopia was not thriving. Accommodation was in disrepair and members of the community could not afford its repair costs. Rising rents meant many were forced to leave the community and return to the main state, one with law and order, whose economic prosperity could feed them and their families.This is the impact that a state and its legal system can have on economic growth.
 
TYPES OF LEGAL SYSTEMS
I am called to the bar in India, England & Wales and the DIFC in Dubai. All three are common law jurisdictions where court judgments become precedents binding on future judges of lower courts or hold persuasive value for judges of courts having an equal ranking. The common law system permits incremental advancement
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