India actively reimagining what arbitration, mediation should look like in dynamic, mutipolar legal order: Justice Surya Kant

Hindustan Times

13 hours ago

New Delhi, India is no longer merely attempting to catch up with established arbitral centres but is actively "reimagining" what arbitration and mediation can and should look like in a dynamic and multipolar legal order, Supreme Court judge Surya Kant said. India actively reimagining what arbitration, mediation should look like in dynamic, mutipolar legal order: Justice Surya Kant
Justice Kant said the future of arbitration was not just international, it was also Indian. At the same time, he cited critical challenges like enforcement-related concerns that must be addressed by the country and batted for public-private partnerships for fostering institutional growth.
The apex court judge was speaking at a roundtable talk on 'Reimagining International Arbitration: India's emergence as a global arbitration destination' held on July 10 in Gothenburg, Sweden.
He said arbitration was no longer viewed as a peripheral or alternative mechanism. Rather, it has increasingly become the preferred mode of dispute resolution.
Justice Kant said that through targeted reforms, judicial recalibration, institutional evolution and a deepening cultural commitment to arbitration and mediation, India is shaping a model that is not only responsive to global standards but also reflective of its unique legal and economic context.
"The message I hope to leave you with is clear: India is no longer merely attempting to catch up with established arbitral centres - it is actively reimagining what arbitration and mediation can and should look like in a dynamic, multipolar legal order," the top court judge said.
He said this transformation cannot be driven by legislation and infrastructure alone and requires a collective investment by governments, arbitral and mediation institutions, practitioners and academics in nurturing India's arbitration ecosystem, building trust and fostering transnational dialogue.
"If we can sustain this momentum with thoughtful engagement and continued innovation, then not only will India serve as a capable venue for arbitration, it will also help shape its future," he said.
Justice Kant said India has undertaken significant strides through critical legal reforms, strengthening of arbitral institutions and an increasingly supportive and engaged judiciary, all of which collectively contribute to a more robust and credible arbitration ecosystem.
Speaking about the challenges and the way forward, Justice Kant said India must confront a set of critical challenges if it is to truly realise its potential as a leading global arbitration destination.
"Foremost among these are enforcement-related concerns, which can hinder the swift execution of arbitral awards and dilute the very efficiency arbitration seeks to provide," he said, adding, this challenge was faced by many jurisdictions.
He said that although several arbitral institutions have been established, the ecosystem was still fragmented when compared to more mature jurisdictions like Singapore or London, where institutional arbitration was the default norm.
Justice Kant said India's journey towards becoming a premier arbitration destination must be anchored in long-term structural and cultural shifts.
"A foundational step lies in making a concerted investment in education, specialised training, and sustained outreach to legal professionals, businesses, and the judiciary," he said, adding that public-private partnerships would play a vital role in fostering institutional growth.
Justice Kant said initiatives like 'Make in India' and 'Invest India' emphasise ease of doing business and investor protection, and aligning these with arbitration reforms could amplify India's global standing.
"With appropriate policy alignment and sustained international engagement, India can indelibly shape the future contours of international arbitration," he said.
"In my view, it is time we move beyond referring to arbitration and mediation as merely 'alternative' forms of dispute resolution. These are no longer auxiliary options— they are independent, parallel pathways to justice in their own right," he said.
Justice Kant said that he recently came across a survey indicating that the median duration of proceedings before the London Court of International Arbitration was approximately 20 months, with the average cost to parties exceeding USD 100,000.
He said India is uniquely positioned to emerge as a serious contender among the next generation of preferred arbitral seats.
Referring to the enactment of the Arbitration and Conciliation Act, 1996, and legislative reforms, he said the Indian judiciary also underwent a notable shift in its approach, moving away from a paradigm of judicial control towards one of judicial support for arbitration.
"The judiciary is thus no longer willing to tolerate tactics that derail the arbitral process at its very threshold and wants to truly embrace the principle of minimum judicial interference," he said.
"Taken together, these developments reflect a fundamental shift: India is no longer merely a user of arbitration; it is increasingly becoming a thought leader and an intellectual contributor within the global arbitration community," he said.
Justice Kant said that to popularise international arbitration, any sovereign nation must provide a foundational assurance to foreign investors and parties that their rights and interests will be protected.
He said India, in this regard, stands on firm ground and it is a jurisdiction where the rule of law is respected and where the judiciary has consistently demonstrated its ability to safeguard such interests.
"Indeed, we can take pride in the fact that our Constitution embodies the principle of separation of powers, ensuring the independence of the judiciary from the other organs of the State," Justice Kant said.
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