Khaitan & Co and Society of Construction Law India unveil a whitepaper to strengthen Construction Dispute Resolution

Khaitan & Co, in collaboration with the Society of Construction Law (SCL) India, has launched a whitepaper titled “Delay and Disruption under the Global Frameworks: A Framework for Structured Construction Dispute Resolution in India”.

This publication proposes a clear, unified and globally benchmarked framework for analysing delay and disruption claims in India. It advocates for adoption of internationally recognised standards, including the SCL Protocol, AACE RP 29R-03 and FIDIC frameworks to Indian contractual conditions, and claim assessment.

Key recommendations of the whitepaper include:

• Adoption of globally aligned principles for delay attribution, concurrency analysis, and disruption evaluation

• Strengthening of programme management through contemporaneous records, regular schedule updates, and early-warning mechanisms

• Integration of SCL and AACE methodologies within FIDIC-style contract administration for consistent EoT and cost assessments

• Establishment of institutional guidelines to promote methodological consistency among tribunals and experts

• Increased use of technology-driven evidence—BIM, P6 data, 4D modelling, photogrammetry—to enhance objectivity in arbitral decision-making

Speaking on the launch, Sanjeev Kapoor, Senior Partner, Khaitan & Co stated,

“Dispute resolution must keep pace with the scale and complexity of India’s infrastructure ambitions. A structured and transparent methodology for claims assessment strengthens trust, reduces friction, and enhances efficiency across the entire project lifecycle.”

Gaurav Juneja, Partner, Khaitan & Co added,

“Indian construction arbitrations are often affected by a lack of uniform methodology for delay and disruption analysis. This whitepaper introduces a coherent, internationally aligned framework that brings much-needed clarity, discipline, and predictability to the sector.”

Ratan K Singh, Senior Advocate and Chairman, The Society of Construction Law – India said,

“This collaboration brings to light global best practices in the Indian context. Having a structured delay and disruption analysis framework can dramatically reduce the time, cost, and uncertainty associated with construction disputes.”