In this article, the author discusses critically a recent
shift in Indian government dispute resolution policy for public procurement
contracts whereby arbitration is to be generally excluded in favour of
mediation. Attention is drawn to the lack of context-specific analysis of
dispute resolution methodologies and the inadequacy of the reasons given for the
shift in the policy document. The author then proposes a ‘pragmatic’
alternative approach based upon the integration of mediation and arbitration in
escalation clauses rather than the outright rejection of the latter process.