Solicitor General Tushar Mehta emphasized that arbitration originated in India, signalling that there is no necessity to learn from other jurisdictions. His statement highlights India’s rich historical background in arbitration practices, showcasing confidence in domestic expertise. Mehta’s remarks highlight the nation’s potential to continue developing its arbitration framework independently.
Solicitor General of India Tushar Mehta emphasized the need to position India as a premier center for arbitration on the global stage. He advocated for specific measures to establish India as both the host and the preferred location for conducting alternative dispute resolution (ADR) processes.
Mehta highlighted the Modi government’s dedication to this initiative, pointing out its ongoing commitment and systematic support to enhance India’s arbitration capabilities. This move is aimed at attracting more international arbitration cases to India, thereby boosting its status as a leading venue for resolving global business disputes.
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He expressed the goal of transforming bar associations into entities that not only aid in dispute resolution but also position India as a favored seat and venue for arbitration.
He stated,
“To ensure we reach a stage where bar associations do not only help in getting disputes resolved, but also where India is both a preferred seat and venue of arbitration, should be goal for all of us.”
He reiterated the government’s dedication to achieving this objective.
He emphasized that the concept of arbitration originated in India, negating the need to seek guidance from other nations.
He stated,
“We do not need to learn it from any other country since, as a concept, arbitration began in India and we have exclusive practice of ADR.”
He expressed hope for the development of a specialized cadre well-versed in arbitration’s intricacies, committed to professionalism and ethical conduct.
Solicitor General Tushar Mehta delivered his speech at the inauguration of the Arbitration Bar of India (ABI), which took place on Saturday at Bharat Mandapam in New Delhi. Dignitaries present at the event included Dr. S Jaishankar, the Union Minister of External Affairs, Ashwini Vaishnaw, the Union Minister of Railways, Communications, Electronics, and Information Technology, Justice Hemant Gupta, a former Supreme Court judge, R Venkataramani, the Attorney General, and Gourab Banerji, the President of ABI.
During his address, the Solicitor General expressed,
“Previous governments did not prioritize arbitration, resulting in a dent in the country’s reputation.”
However, he highlighted that since 2014, there has been a significant change in this regard,
The Solicitor General noted,
“The country is embarking on an exciting phase with a new legal framework. He mentioned that for many decades, arbitration was not considered a full-time practice, and earlier governments did not prioritize it, affecting the country’s reputation. However, since 2014, the current government has taken significant steps to promote arbitration consistently. The present government has been consistent to promote arbitration through consistent support to make India a global and local arbitration hub, and it has borne fruit.”
Attorney General R Venkataramani recently stated,
“The landscape of Indian arbitration is characterized by external advocacy and internal exploration. It is imperative that its global stature is elevated.”
He further emphasized the inclusivity of the Arbitration Bar, declaring,
“This bar will not become an ‘old men’s club.’ It is open to all. Here, everyone plays a crucial role, whether as foot soldiers or as midwives; there are no barriers to entry.”
Solicitor General Tushar Mehta‘s statement highlights not just the legal and historical roots of arbitration in India but also the ongoing efforts to modernize and globalize India’s arbitration landscape. By recognizing arbitration as an indigenous concept while also embracing international best practices, India is poised to emerge as a leading hub for arbitration and alternative dispute resolution, contributing to a more efficient and equitable legal environment both domestically and internationally.