Level Playing Field in Arbitration for MSMEs Key to India’s Global Leadership: CJI B R Gavai

CJI B.R. Gavai at Delhi Arbitration Weekend highlights ensuring a level playing field in arbitration for MSMEs as crucial to India’s global leadership in dispute resolution.

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Level Playing Field in Arbitration for MSMEs Key to India’s Global Leadership: CJI B R Gavai

NEW DELHI: Chief Justice of India (CJI) B.R. Gavai on Thursday highlighted the urgent need to ensure fairness in arbitration proceedings, particularly between large corporations and smaller entities such as micro, small, and medium enterprises (MSMEs).

Speaking at the inaugural session of the “Delhi Arbitration Weekend”, CJI Gavai emphasized that India is steadily progressing towards becoming a leading global arbitration hub. However, he cautioned that without an equitable framework, arbitration could risk turning into a process of prolonged disputes rather than a mechanism of commercial efficiency.

“One area that requires attention is ensuring a level playing field in arbitration between larger corporations and smaller businesses, particularly micro, small, and medium enterprises. Although legislative and policy initiatives have been promising and commendable, it is essential to expedite their implementation and benefits to all stakeholders,”

CJI Gavai said.

The Chief Justice underlined that the effective implementation of these reforms will help unlock arbitration’s true potential as a tool for quick, cost-effective dispute resolution, benefiting not only corporates but also smaller enterprises that often face challenges in accessing justice on equal terms.

The inaugural event also witnessed the presence of Delhi High Court Chief Justice Devendra Kumar Upadhyaya and Chief Justice of the High Court of Australia, Justice Stephen Gageler, marking the occasion as an important confluence of Indian and international judicial perspectives on arbitration.

MSMEs often lack the financial muscle and legal resources that larger corporations possess. This imbalance can lead to protracted disputes where smaller businesses are at a disadvantage, both in terms of cost and time. By pushing for an equal footing in arbitration, the judiciary seeks to make dispute resolution more accessible and less burdensome for these enterprises.

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Aastha

B.A.LL.B., LL.M., Advocate, Associate Legal Editor

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