Introduction:
The rise of Alternate Dispute Resolution mechanism in resolving legal disputes is changing the legal landscape expeditiously, but have you ever thought about how the concept of Alternate Dispute Resolution emerged as a tool to resolving disputes in the legal sphere? From where does the idea emanate and how it got its present shape? Does it have a history of evolution? The answers is- Yes! Just like every other thing in this world, the Alternate Dispute Resolution system also has its own history and that too an interesting one. The present article discusses the historical journey of the same and traces its entire development, right from the earliest phase.
The History of Arbitration in India:
The history of arbitration in India dates back to the Vedic period. The information about the presence of such mechanism in ancient India is derived from the ancient texts such as the Vedas, the Smritis, sutras, the Dharmashastra and other epics. These texts provide an exhaustive account of the dispute resolution mechanism which prevailed in ancient India. For instance, Smritis provide us insights about the presence of three types of courts i.e. The Puga (a group of persons residing in the same locality but belonging to different tribes), the Kula (a body consisting of people from same caste groups) and the Srenis (consisting of Artisans and traders).
The Ancient India-
The Vedic Period- (1500 BC- 1000 BC)
The earliest Veda- The Rigveda enunciates the existence of three village assemblies for resolving disputes i.e. the Sabhas, the Samitis and the Vidhatas. These assemblies solved various disputes at the village level and looked after civil, military, family and religious affairs with a mediator known as the Madhyamasi. So, the disputes were resolved in these assemblies. People mostly prefer resolving disputes with the four walls of their house, this used to be a practice in the ancient times as well, thus this mechanism prevailed even in the past.
The Later Vedic Period- (1000 BC- 600 BC)
This period saw the emergence of the other three Vedas i.e. the Samaveda, the Yajurveda and the Atharvaveda. This period saw the importance of Kings in the administration of justice and sometimes special officers were also employed by him, known as the Assessors. Sometimes a chief justice was also involved who was known as Adhyaksha. The system was so efficiently organized that there even existed town councils and village panchayats. Officials such as Sabhapati, Gramyavadin, Athapati, etc also existed. Cases ranged from petty cases to serious ones and were resolved at different levels.
Other Developments-
Later on, the advancement of Hindu jurisprudence also took place by drawing insights from the Dharmasutras, Manusmriti etc. The period is also known as the era of Dharmashastra. Apart from the king’s court, Panchayats and Parishads were also involved in solving cases, which more or less worked upon the patterns of present day Alternate Dispute Resolution. The Brhadaranayaka Upanishad also mentions about arbitration in India.
The Medieval India-
The medieval period saw the unfolding of Mughal rule in India. Along with the advancement in other sectors, the rulers also took steps for efficient administration of justice. Several specialized officials such as the Qazi, were appointed in various parts of the territory (also known as the Qazi-ul-Quzzat). Officers such as Fauzdar and Kotwal were distinct officers who were dedicated at deciding criminal cases and were also responsible for maintaining law and order in the territory. Hakam was a specially appointed arbitrator in the territory. Not only the Mughals but even the other dynasties had dedicated legal officials for the purpose of administration of justice. E.g Nyayadhish, Mamlatdar etc.
The Modern India-
As the time passed and world became modern, complexities also increased, which gave rise to more conflicts and disputes. Though the judiciary had modernized and had become much efficient and organized as compared to the ancient and the medieval period, the system could not keep with the increasing number of cases and their disposal within a reasonable time. More over people (by their very nature) are reluctant to come to the court due to many reasons, the time factor being an important consideration. So, a need for such a mechanism was felt where cases could be disposed in time without the hustle of reaching the courts. This gave rise to the present day Alternate Dispute Resolution mechanism, with out of court settlement and speedy disposal cases being its two significant advantages.
The first arbitration law in India (after Arbitration was recognized as a dispute resolution mechanism) was the Arbitration Act of 1899, which had its application in the three presidency towns of Calcutta, Madras and Bombay. Before this, there was another act known as the Bengal Regulation of 1772 and as its extension, the Bombay Regulation Act of 1799 and Madras Regulation Act of 1802 were also passed. But still a need was felt to enact a uniform law which throughout the country which was known as the Arbitration Act of 1940. The arbitral award was granted after being scrutinized by the civil courts. The most recent legislation that we have today is the Arbitration and Conciliation Act of 1996. Several new and related legislations have also come in to meet the requirements of the current times.
Conclusion-
Thus, the evolution of ADR in India took place and today it has become a most preferred choice for people to resolve their legal disputes smartly, practically, efficiently and timely. Gradually, it has become an indispensable tool to resolve disputes in today’s world.
References-
• Manjula SR, ‘History and Development of Law of Arbitration in India’
(ResearchGate, 2022)
https://www.researchgate.net/publication/361501647_HISTORY_AND_DEVELOPMENT_OF_LAW_OF_ARBITRATION_IN_INDIA accessed 29 December 2024.
• Khurana & Khurana Article:
Khurana & Khurana IP Law Firm, ‘Evolution of Alternate Dispute Resolution – Indian Perspective’ (Khurana & Khurana, 27 February 2024)
https://www.khuranaandkhurana.com/2024/02/27/evolution-of-alternate-dispute-resolution-indian-perspective/ accessed 5 June 2025.
• Rashi Jain and Mahima Bhardwaj, ‘Evolution of Alternative Dispute Resolution in India: Laws and Practices’ (2024) 14(1) International Journal of Early Childhood Special Education (INT-JECSE)
https://www.int-jecse.net/article/EVOLUTION+OF+ALTERNATIVE+DISPUTE+RESOLUTION+IN+INDIA%253A+LAWS+AND+PRACTICES_3690/?download=true&format=pdf accessed 5 June 2025.
• Ministry of Law and Justice, Alternate Dispute Resolution in India (Department of Legal Affairs, Government of India)
https://legalaffairs.gov.in/sites/default/files/Arbitration_Mediation.pdf accessed 24 September 2024.
• Government Report – Ministry of Law and Justice (PDF):
Ministry of Law and Justice, Arbitration and Mediation: A Way Forward
(Government of India, 2021)
https://legalaffairs.gov.in/sites/default/files/Arbitration_Mediation.pdf accessed 5 June 2025
Short Bio –
Khushi Pawar is a third-year B.A. LL.B. (Hons.) student at SVKM’s NMIMS, Indore. She takes a keen interest in socio-legal issues, especially those related to environmental justice, legal aid, and public policy. With a growing passion for research and writing, she hopes to contribute to meaningful conversations that bring law closer to the needs of people.
