State-to-State Mediation: Perspectives from India

Asian Journal of WTO & International Health Law and Policy, Vol. 13, No. 1, pp. 135-144, March 2018

10 Pages Posted: 17 Apr 2018

See all articles by Rajesh Babu

Rajesh Babu

Indian Institute of Management (IIM), Calcutta

Anuradha R.V.

Clarus Law Associates

Date Written: March 30, 2018

Abstract

State-to-state mediation as a mechanism for settlement of international disputes has significant potential as a reliable alternative to the predominantly adversarial system of international dispute resolution. India has historically shown an aversion towards litigation and has preferred softer techniques and diplomatic resolution of state conflicts. As an original member of the United Nations Charter, India has endorsed the policies of pacific settlement of disputes. This philosophy is embodied in the Indian Constitution as well as its international diplomacy through adherence to the principles of Panchsheel and its support for alternative dispute settlement Institutions such as the Asian-African Legal Consultative Organization (AALCO) regional arbitration centres. The inherent recognition of the value for amicable and peaceful settlement of disputes is also reflected in India’s attitude towards disputes in the trade and investment arena. Given this background, India may be open to the idea of exploring the availability of neutral third party mediation processes, as is sought to be presented under the Asia-Pacific Regional Mediation Organization (hereinafter “ARMO”). This paper attempts to bring out the Indian perspective on State-to-State mediation and the significance of ARMO from an Indian stand point.

Keywords: India and mediation, Panchsheel, AALCO arbitration centres, Modal BIPA, WTO disputes

Suggested Citation

Babu, Rajesh and R.V., Anuradha, State-to-State Mediation: Perspectives from India (March 30, 2018). Asian Journal of WTO & International Health Law and Policy, Vol. 13, No. 1, pp. 135-144, March 2018. Available at SSRN: https://ssrn.com/abstract=3153313

Rajesh Babu

Indian Institute of Management (IIM), Calcutta ( email )

E-110, NTB
Joka, Diamond Harbour Road
Calcutta, West Bengal 700104
India

Anuradha R.V. (Contact Author)

Clarus Law Associates ( email )

B 7/9 Safdarjung Enclave
New Delhi, New Delhi 110 029
India

HOME PAGE: http://www.claruslaw.com

Register to save articles to
your library

Register

Paper statistics

Downloads
19
Abstract Views
84
PlumX Metrics