Dispute Resolution Mechanisms in the Telecom Sector: Relating International Practices to Indian Experience

This paper analyzes the impact of the changing telecom environment on the nature of disputes that arise in this sector. It focuses on the need to resolve disputes in an efficacious, expeditious and transparent manner to ensure unhindered growth of the telecom sector. The paper draws upon several country specific examples to show how this subject is receiving increasing attention and has in fact become a significant feature of regulatory initiative. A major impact on European countries has been the European Commission’s directives, which have induced the member-states to introduce measures in their regulatory framework in this behalf. Other countries have also been refining their dispute resolution processes to cope with the growing complexities in the nature of disputes.

The paper devotes considerable space to the uniqueness of the dispute settlement mechanism in India, examines at length merits and deficiencies in the existing arrangements and suggests measures for fine tuning the system. It stresses how India can draw upon some innovative practices followed in such countries as the U.K., Australia, Canada, France and Malaysia and also looks at the use of ADR methods as a complement to the role of the existing dispute settlement entity TDSAT.