Speaking at the LCIA International Arbitration Symposium in London, CJI B R Gavai said India’s role in global arbitration has evolved remarkably. “India has moved from ‘interventionist uncle’ to ‘supportive elder cousin’ in the global arbitration family,” he said, highlighting judicial maturity and restraint.
Chief Justice of India B R Gavai emphasized that arbitration is no longer limited to metropolitan areas, as advancements in technology have expanded its reach significantly.
Speaking at the LCIA International Arbitration Symposium in London, he noted that virtual hearings, localized case management, and outreach initiatives by institutions will help eliminate geographical barriers.
Regarding India’s evolving role in the global arbitration landscape, the CJI remarked,
“Given India’s common law roots and pro-arbitration rulings, it is safe to say that India has moved from ‘interventionist uncle’ to ‘supportive elder cousin’ in the global arbitration family.”
He highlighted the importance of not only broadening access but also maintaining the quality and integrity of arbitration processes wherever they are utilized.
He stated,
“Arbitration is no longer confined to metropolitan hubs. With advances in technology, it has reached far and beyond. This is similar to what the judiciary is offering in India, virtual hearings starting from the apex court to district courts and quasi-judicial tribunals,”
CJI Gavai expressed optimism that, with the right institutional backing, judicial support, and technological infrastructure,
“we are well on our way to ensuring that arbitration in India is not just available in the metros but is also embedded across the country’s commercial heartlands.”
He observed that the evolving maturity of the Indian judiciary has shifted the dialogue from “Will India interfere?” to “Can India lead?”
He pointed out that the emergence of institutions like the Delhi International Arbitration Centre and the India International Arbitration Centre, along with initiatives such as the Delhi Arbitration Weekend and the Arbitration Bar of India, demonstrates that India is not merely adopting global best practices but is also actively contributing to them.He concluded by stating that the Indian legal community is already significantly integrated into the global arbitration sphere, and it is only a matter of time before ‘Made in India’ becomes synonymous with arbitral awards as well.
He concluded by stating that the Indian legal community is already significantly integrated into the global arbitration sphere, and it is only a matter of time before ‘Made in India’ becomes synonymous with arbitral awards as well.
CJI Gavai remarked,
“India is eyeing a seat at the cool kids’ table alongside London, Singapore, and Hong Kong. And this time, it’s not just asking for a seat, it’s bringing its own chair. It’s laying down the tablecloth, setting the agenda, and slowly but surely starting to write the rules of the game,”
When discussing the necessary measures to enhance the credibility and usage of domestic arbitration institutions in India, the CJI noted that if public sector undertakings (PSUs) and government agencies start favoring institutional arbitration in their contracts, it would send a powerful message and lead to significant behavioral change.
He commented that the debate between ad hoc and institutional arbitration in India is ongoing but has evolved. For many, ad hoc arbitration still represents a “known devil”: familiar, flexible, and efficient when handled correctly.
In contrast, institutional arbitration is still working to establish its reputation, though Indian institutions are actively rising to the challenge.
Regarding the high volume of arbitration-related litigation in Indian courts and the need to balance judicial efficiency with meaningful oversight in complex cases, the CJI stated,
“Efficiency doesn’t mean haste and oversight doesn’t mean overreach. It is about ensuring justice is served without undermining the autonomy that arbitration was designed to protect.”
He added,
“The key lies in calibrated intervention. Courts often serve as both guardian and gatekeeper.”
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CJI Gavai elaborated, saying,
“Recent trends in judgments show that courts have resisted the urge to re-adjudicate while remaining vigilant against procedural unfairness or violations of fundamental policy in India. The volume of arbitration-related litigation reflects not only the complexity of the cases but also the confidence in the judiciary to intervene when needed. We are consciously moving toward promoting judicial restraint while reaffirming the importance of oversight in exceptional cases.”
He noted that the judicial trend indicates that courts have granted interim relief only in situations of true urgency or irreparable harm, otherwise deferring to the tribunal’s jurisdiction wherever possible.