Justice Surya Kant highlights how India is reimagining arbitration to suit a dynamic, multipolar legal order, positioning itself as a rising global leader in dispute resolution.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: Supreme Court judge Justice Surya Kant, speaking at the roundtable ‘Reimagining International Arbitration: India’s Emergence as a Global Arbitration Destination’ in Gothenburg, Sweden on July 10, highlighted India’s growing role in the global arbitration landscape.
Emphasizing that the future of arbitration is not just international but also Indian, his remarks signaled a decisive shift in how India envisions and executes dispute resolution.
ALSO READ: Indian Identity Abroad Rooted in Constitution, Not Just Culture: Justice Surya Kant
Justice Kant’s statement encapsulates a new chapter in India’s legal evolution, one where the country moves beyond emulating established arbitration hubs and instead begins to define its own globally resonant model.
“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.”
As Justice Kant rightly noted, the country is actively “reimagining” arbitration and mediation to suit the needs of a dynamic, multipolar legal world order. This shift reflects a deeper cultural and institutional transformation where arbitration is no longer seen as an “alternative” method, but the preferred mode of dispute resolution, especially in complex commercial matters.
Justice Kant highlighted a pivotal shift: arbitration and mediation are now integral to India’s legal discourse. India’s proactive approach involves a combination of:
- Targeted Legislative Reforms, such as amendments to the Arbitration and Conciliation Act, to align with global practices.
- Judicial Recalibration, where Indian courts increasingly respect the autonomy of arbitral proceedings and enforce awards with minimal interference.
- Institutional Evolution, the rise of bodies like the Mumbai Centre for International Arbitration (MCIA) shows India’s growing institutional maturity.
- Public-Private Partnerships, Justice Kant emphasized the need for collaborative efforts between the public and private sectors to nurture globally competitive arbitral institutions.
At the roundtable on ‘Reimagining International Arbitration’ in Gothenburg, Supreme Court judge Justice Surya Kant emphasized that India is no longer just following established arbitration centres; it is actively reimagining arbitration and mediation to suit a dynamic, multipolar global legal order.
He stated that India’s progress in arbitration must go beyond legislation and infrastructure. It requires collective efforts from governments, institutions, practitioners, and academia to build trust, strengthen arbitral institutions, and foster a culture of dispute resolution.
Justice Kant acknowledged notable progress, such as legal reforms and judiciary support, but also highlighted key challenges, especially enforcement-related issues and a fragmented institutional ecosystem compared to hubs like Singapore or London.
He stressed that India’s journey must be rooted in long-term cultural and structural shifts, including investment in legal education, training, public-private partnerships, and alignment with economic initiatives like Make in India and Invest India.
He said India is well-positioned to emerge as a preferred global arbitration venue. The judiciary’s transition from control to support, minimal interference in arbitral proceedings, and a Constitution that guarantees judicial independence, all reinforce India’s credibility.
Ultimately, Justice Kant asserted that arbitration and mediation are no longer ‘alternative’ options, but parallel and primary pathways to justice. India, he concluded, is evolving into a thought leader in the global arbitration community.
