Justice Prathiba M Singh, at NPAC’s 16th Annual Arbitration Conference, highlighted how judges’ gut instincts influence challenges to arbitral awards, while experts discussed transparency, global reforms, and the role of AI in arbitration.
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NEW DELHI: The 16th Annual International Conference of the Nani Palkhivala Arbitration Centre (NPAC), held in New Delhi on September 5–6, 2025, gathered judges, senior advocates, and arbitration professionals from across the world. Themed around the modification of arbitral awards, the two-day event shed light on judicial instincts, global practices, and the fast-evolving role of technology in arbitration.
Chairing the opening technical session, Delhi High Court Justice Prathiba M Singh spoke candidly about how judges approach challenges to arbitral awards:
“As judges, when we get a challenge to an award and read it, we know as a gut feeling whether we want to interfere or not. When we want to interfere, we will find a ground to interfere.”
She underlined that a majority of arbitration-related litigation arises under Section 34 of the Arbitration and Conciliation Act, 1996.
“Ninety per cent of the cases we get pertain to domestic arbitration. A large quantum of this filing is Section 34 challenges to arbitral awards. As judges, I must say, instead of setting aside the award in full, end the dispute then and there.”
Justice Singh also urged for greater transparency through a data repository on domestic arbitration to build confidence among litigants.
Welcoming delegates, Senior Advocate Arvind P. Datar, Director at NPAC, reminisced about the centre’s humble beginnings:
“We were told we would require ₹40 lakh to set up a Centre. We obtained a loan from Federal Bank and the directors of NPAC decided to give a personal guarantee. The Chairman of the bank said you are starting a Centre in the name of Nani Palkhivala, you won’t default.”
On NPAC’s journey, he added:
“We went from strength to strength. I miss Mr Sorabjee and Mr Iqbal Chagla… We have Justice Venkatachaliah and Senior Advocate KK Venugopal. At 93, Justice Venkatachaliah still asks me what I am doing at NPAC.”
The inaugural keynote was delivered by Justice Philip Jeyaretnam, President of the Singapore International Commercial Court, who identified three measures to improve arbitration quality:
“Publication of awards, greater transparency in the identification of arbitrators, and adoption of technology in case management.”
He also shared a cautionary note on AI:
“Without due care, introduction of AI may diminish transparency and accountability.”
During the session on Modification of Arbitration Awards: An International Perspective:
Rebecca James (Linklaters) explained,
“Remission is curative in nature, while variation is more about the court stepping in.”
Nicholas Lingard (Freshfields) observed,
“In Singapore, we follow a minimal intervention approach—awards are either set aside in whole or in part.”
KV Krishnaprasad (One Essex Court) suggested,
“India could benefit from codification, similar to the cumulative statutory grounds in England.”
Other highlights included:
- A session on the English Arbitration Act 2025, examining how reforms in England may inspire Indian arbitration practices.
- A post-lunch discussion on Evidence in the Age of Generative AI, chaired by Pallavi Shroff, where panelists debated whether arbitral institutions are ready for AI-driven discovery and cross-examination.
- The concluding session on Enforcement of Standard Form Contracts, balancing commercial realities with legal complexities.
