Justice N Kotiswar Singh said not every violation of Indian law amounts to breach of public policy in arbitration. He stressed courts must play a minimal role in arbitral matters.
Former Chief Justice of India Dr DY Chandrachud has been appointed as the Appointing Authority in the arbitration between Wintershall Dea and Russia under the Energy Charter Treaty. His role includes addressing challenges against arbitrators and appointing a third arbitrator, ensuring credibility in resolving this complex international dispute over asset confiscation.
Chief Justice BR Gavai discussed the Indian judiciary’s efforts to enhance arbitration through progressive Supreme Court rulings while aligning with international standards to boost investor confidence. He emphasized the importance of adopting global best practices and improving local arbitration frameworks to foster a trustworthy business environment, crucial for attracting international investments.
Top Indian legal experts emphasize the need for arbitrators to act cautiously and fairly when fraud is suspected, even if not formally raised. Discussions highlighted the importance of procedural steps to balance efficiency with due process. The integrity of arbitration is crucial, especially in cases involving significant public funds and potential collusion.
The Bar Council of India has amended its rules, permitting foreign lawyers to engage in international arbitration in India. Chief Justice Gavai supports this change, aiming to enhance India as a global arbitration hub while safeguarding Indian lawyers’ rights. The shift promotes reciprocal practice and aims to elevate arbitration standards in India.
NEW DELHI: Justice BV Nagarathna of the Supreme Court on Sunday stressed the importance of strengthening India’s capabilities in international commercial and investment arbitration. She explained that India must build its own pool of legal professionals to manage complex international disputes, rather than relying on foreign law firms. This, she said, would not only help save costs but also raise India’s standing in the global dispute resolution arena.
Today, On 15th September, Justice Surya Kant emphasized the importance of the Permanent Court of Arbitration for fostering unity and trust amid global divisions during the two-day Conference on International Arbitration and the Rule of Law. He highlighted the court’s continued relevance and India’s commitment to promoting international commercial arbitration. Other speakers discussed the growing prominence of international arbitration and India’s appeal as a top choice for arbitration.
On Friday(13th Sept), Chief Justice DY Chandrachud highlighted the growing role of young Indian lawyers in arbitration, moving away from the traditional preference for retired judges. Speaking at a Supreme Court conference, he noted that this shift reflects India’s expanding legal talent pool, including women, in the field.
CJI Chandrachud emphasized the need for diverse representation in international arbitration during Delhi Arbitration Week. He highlighted biases in arbitrator selection, citing a case involving rapper Jay-Z. Chandrachud advocated for the inclusion of highly qualified Indian arbitrators and cautioned against AI bias. The event also addressed biases in arbitration and the empowering nature of arbitration for parties.
