Voluntary Arbitration of Industrial Disputes and the Curious Case of Class-Action Arbitration
Volume IV, Issue I, 2021
As arbitration becomes one of the most universally accepted forms of alternative dispute resolution in commercial disputes, it is worthwhile to look at the pros and cons of using arbitration to also resolve labour law and industrial disputes in India. This paper looks at the various methods of dispute resolution available to the parties to a labour law dispute under the 1947 Industrial Disputes Act with a concentration on voluntary arbitration under Section 10A of the act. It then looks at the principles of not just arbitration but also class action arbitration as espoused by various judicial pronouncements in the United States to make a case for class action arbitration being a valuable option to look at for quick and efficacious resolution of disputes in industrial setups.