Today, On 13th September, At the inauguration of the Permanent Court of Arbitration’s India office, Chief Justice of India DY Chandrachud emphasized the rising need for judges with specialized expertise due to the growing volume of arbitration-related litigation. He noted that as arbitration gains prominence, associated legal disputes are also on the rise, requiring a more specialized judicial approach.
New Delhi: As the Supreme Court of India commemorates its 75th anniversary, it is set to participate in a momentous event alongside the Permanent Court of Arbitration (PCA), which is celebrating its 125th anniversary.
This joint celebration highlights the convergence of two prestigious legal institutions that have played significant roles in the global judicial landscape.
The inaugural event will feature prominent legal dignitaries, including the Chief Justice of India (CJI), DY Chandrachud, and the Secretary General of the Permanent Court of Arbitration. Both leaders expected to deliver insightful speeches, shedding light on the historical evolution, achievements, and future directions of their respective institutions.
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At a prominent event marking the anniversaries of both the Supreme Court of India and the Permanent Court of Arbitration (PCA), Chief Justice DY Chandrachud shared the stage with Justice Sanjiv Khanna, former Supreme Court Judge Indu Malhotra, PCA Secretary General, and Supreme Court Bar Association (SCBA) President Kapil Sibal.
In her remarks, Justice Indu Malhotra underscored the PCA’s involvement in several globally significant and politically sensitive cases. She highlighted, among others, the Indus Water Treaty case, where Senior Advocate Fali Nariman represented India pro bono, and the maritime boundary dispute between India and Italy, in which Senior Advocate PS Narasimha represented India in the Italian marines case.
Chief Justice Chandrachud officially inaugurated the Permanent Court of Arbitration’s India Office via a virtual event.
He emphasized the importance of the rule of law, stating that its “upholding leads to improved social and economic outcomes.” Chandrachud explained that a strong legal framework not only attracts foreign investment but also boosts trade, comparing the legal system to the “semiconductors of our digital age.” He concluded by asserting that “it is time for India to lead in international arbitration.”
Chief Justice DY Chandrachud, reflecting on his recent appointments under Section 11, shared that “over 23 of the 45 arbitrators I appointed recently have been from the legal community,” based on feedback from his court masters. He acknowledged that his initial preference was to appoint retired judges, a practice grounded in “long-standing tradition and familiarity.”
Speaking about India’s role in the global economic and legal landscape, CJI Chandrachud stated,
“India isn’t on the brink of fearing foreign direct investment; instead, we’re a leader in exporting human and technical expertise.”
He emphasized that,
“We are well-positioned to drive the expansion of international arbitration in the Global South.”
Chief Justice DY Chandrachud reflected on his approach to appointing arbitrators, stating,
“Initially, I favored appointing retired judges for arbitrator roles, as has traditionally been done. However, I’ve reconsidered and now recognize the potential within India’s skilled arbitration lawyers. With the growing volume of work, there are ample opportunities for them.”
He further challenged the conventional belief, saying,
“We’re challenging the notion that only retired judges excel as arbitrators. We’re also exploring whether skilled arbitrators can become effective judges.”
Chief Justice DY Chandrachud highlighted the evolving landscape of judicial appointments, stating,
“Recently, bar members with arbitration experience have been appointed as High Court judges. Likewise, practitioners with extensive backgrounds in international arbitration are increasingly being recognized as senior advocates.”
He emphasized the increasing importance of arbitration, noting that “as arbitration becomes a popular dispute resolution method, related litigation rises, necessitating judges with specialized expertise.”
SCBA President Kapil Sibal emphasized India’s emergence as one of the fastest-growing economies in the world, noting that the country is on track to reach the Rs. 5 trillion mark. He remarked that India’s economy offers “promising prospects for capital yielding significant returns.”
UNCITRAL Secretary Anna Joubin-Bret also addressed the gathering, stressing that UNCITRAL’s mission to create a fair and efficient legal framework aligns with the UN’s broader goals of enhancing access to justice and upholding the rule of law. She mentioned that during UNCITRAL’s 57th session in July, four significant legal texts were adopted, and a future agenda was set, which included work on a Statute for the Advisory Centre for International Investment Dispute Resolution.