CJI B.R. Gavai, at a London summit, listed four urgent reforms to improve India’s arbitration—from faster awards to greater diversity. His bold vision could reshape India’s global arbitration standing.
London: Today, on June 5, at an international arbitration summit held in London, the Chief Justice of India, Dr. B.R. Gavai, spoke openly about the changes he would like to see in India’s arbitration system.
While clearly stating that his comments were hypothetical and made in a light-hearted “magical wand” tone, his ideas touched upon very real problems faced by users of arbitration in India, such as long delays, repeated court challenges, and lack of inclusivity.
His speech has sparked discussions within the legal and arbitration community, as these reforms reflect concerns shared by many legal professionals.
CJI Gavai began by saying that if he had a magical wand, he would make four big changes to improve arbitration in India.
The first issue he spoke about was the never-ending court cases even after an arbitral award is given.
He said clearly,
“Once an arbitral award is delivered, it should mark the end of the process, not the beginning of fresh litigation.”
He explained that the law should strictly limit the reasons why someone can challenge an arbitration award in court.
In his view, unless there is a very serious error or injustice, the award should be final and respected.
He said that finality must become a strong feature of arbitration in India, just like in international practice.
The second change he suggested was to make institutional arbitration the main method, rather than ad hoc arbitration.
CJI Gavai said that arbitration done through recognized institutions is usually more organized and transparent.
Such institutions ensure there are clear rules and accountability, which are often missing in informal arbitrations.
He stated,
“We need to normalize institutional arbitration, not treat it as an alternative.”
His message was that institutional arbitration should become the default practice in India to improve the system’s reliability and efficiency.
Next, the Chief Justice addressed the issue of delays caused by parties who misuse procedural rules.
He criticized the slow pace of arbitration in India, saying,
“Speed is the promise of arbitration, but it’s often broken.”
He pointed out that sometimes, parties deliberately use legal tricks to slow down the process. To solve this, he said arbitrators should take stronger control of the process by enforcing timelines strictly, giving fewer adjournments, and even punishing those who misuse procedures to delay hearings.
Finally, in a very forward-thinking comment, CJI Gavai said that India must work on making the group of arbitrators more diverse.
Currently, the same kind of people are often selected as arbitrators. But he stressed the need to include more women, younger lawyers, and professionals from different regions and legal backgrounds.
He explained this by saying,
“We cannot have a homogeneous pool deciding matters that affect a diverse nation.”
According to him, a wider range of voices will not only make arbitration more fair but will also improve the quality of decisions.
Although the Chief Justice used the metaphor of having a magical wand, the seriousness of his ideas was clear. He wants these changes to happen not in a dream world, but in reality, and soon.
His speech reflects a growing urgency to reform arbitration in India to meet global standards and make the system more trustworthy and inclusive.
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