CJI Surya Kant cautioned that excessive judicial interference in arbitration can undermine confidence in dispute resolution. Emphasising restraint, he warned that over intervention may weaken trust in arbitral processes and dilute assurance that arbitration agreements will be respected.
NEW DELHI: Chief Justice of India (CJI) Surya Kant cautioned that excessive judicial interference in arbitration could weaken public trust in the dispute resolution process.
He said courts should show restraint when dealing with arbitral proceedings and arbitral awards.
He said,
“Excessive judicial intervention risks unsettling the assurance (that arbitration agreements will be respected), thereby weakening faith in arbitration as a reliable method of resolution,”
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The Chief Justice made these observations during the inaugural address at the 5th edition of the ICA International Conference titled “Arbitration in the Era of Globalization: Legal Technology, Economic Development & Cross-Border Disputes.” The conference was held at the Delhi High Court.
CJI Kant further noted that anti-arbitration injunctions should be limited to exceptional circumstances. He also stated that, similar to post-award judicial review, any court interference should be exercised sparingly to protect arbitral autonomy.
He also emphasized that arbitration has moved beyond being seen only as an alternative dispute resolution mechanism, and should instead be regarded as a “preferred” route in a globalised economy.
He opined,
“Modern commerce depends on clarity and predictability in dispute resolution, particularly in cross-border transactions where parties require neutral and enforceable mechanisms,”
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He described arbitration as an “express highway” for dispute resolution and stressed that the system must remain efficient and accessible so that parties continue to choose it over conventional litigation.
CJI Surya Kant also highlighted the increasing role of technology in arbitration, saying that virtual hearings and digital case management have improved accessibility and reduced logistical delays.
At the same time, he cautioned against placing excessive reliance on artificial intelligence in decision-making, adding that the fundamental legitimacy of arbitration must remain grounded in human judgment.
He said,
“Arbitration derives its legitimacy not only from efficiency but from the confidence that decisions remain the product of impartial human expertise,”
He further said that technology should be regulated through suitable frameworks to strengthen the integrity of arbitral proceedings.
Delhi Lieutenant Governor Taranjit Singh Sandhu also underlined arbitration’s significance in a globally connected economy, adding that it has become a key pillar of global commerce by offering neutrality, predictability, and enforceability features that are vital for investor confidence and for improving the ease of doing business.
Speakers at the event also included ICA Director General Arun Chawla, ICA President NG Khaitan, and Senior Advocate Geeta Luthra.
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