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This dissertation conducts a comprehensive analysis of delay and disruption claims in infrastructure projects through a comparative study of Indian jurisprudence and international best practices. The research investigates the systemic causes, legal frameworks, and dispute resolution mechanisms governing such claims, with particular emphasis on the gaps between India's evolving legal approach and established global standards.
Infrastructure projects are critical for economic development but are frequently marred by delays and disruptions, leading to complex legal claims. This dissertation examines the causes, legal implications, and dispute resolution mechanisms surrounding delay and disruption claims in infrastructure projects, with a comparative analysis between India and international jurisdictions such as the UK, USA, and UAE.
The study identifies key challenges in India, including bureaucratic inefficiencies, land acquisition delays, and inconsistent judicial approaches, contrasting them with established global practices like the Society of Construction Law (SCL) Delay and Disruption Protocol and FIDIC-based contractual frameworks. Through doctrinal and comparative research, the dissertation evaluates case laws, statutory provisions, and arbitral trends to highlight gaps in India’s legal system.
Findings reveal that India lacks standardized delay analysis methods and efficient dispute resolution mechanisms, resulting in prolonged litigation. In contrast, international jurisdictions employ structured protocols, expert adjudication, and fast-track arbitration to expedite claims. The study concludes with recommendations for India, including adoption of the SCL Protocol, strengthening arbitration under the Arbitration and Conciliation Act (2015), and promoting FIDIC contracts to minimize ambiguities1.
This research contributes to the discourse on infrastructure dispute resolution by advocating for legal and procedural reforms to align India’s practices with global standards, ensuring timely project delivery and reduced economic losses.
