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In stark contrast to the slow expansion of the number of arbitrators, the number of labor disputes reaching arbitral institutions increased by nearly 15 times (including cases mediated outside and formally admitted) from 1993 to 2007, rising from 34,159 to 502,084. 4 Heavy workloads prolonged the already-cumbersome and complex arbitration proceedings.
Hypothesis one: Mediation has reduced the scale of labor disputes admitted by arbitral institutions.
Hypothesis two: Mediation has reduced the frequency of labor disputes admitted by arbitral institutions.
This change is likely due to the demonstrative effect: if the arbitral institutions spare no effort to mediate collective disputes and show a strong capacity to deal with those disputes, it could encourage more workers to file collective appeals.
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The limited capacity of arbitral institutes drove a large number of workers to take the extreme action of protesting outside arbitral tribunals during the long arbitral processes.
As a consequence, the majority of the cases were mediated inside or outside the arbitral institutes before being submitted to an arbitral decision (see Fig. 4).
In model 2, the mediation capacity of arbitral institutes does not pass the significance test, which might be caused by arbitral institutes' selective intervention.
Therefore, many labor disputes, even if sent to arbitral institutes, could basically be settled through multiple mediations (see Table 2).
vindicate" its federal statutory rights in an arbitral forum permitted courts to invalidate arbitration agreements.
India is seeking to become the world's newest international arbitration hub by establishing a new arbitral center in Mumbai.
The complaints system is code-based while the arbitral system involves the civil law and is governed by the 1996 arbitration act.
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