CJI Surya Kant: India must ask why Global Arbitration still prefers Foreign Shores

Chief Justice of India Surya Kant has called for urgent introspection on why India remains a less preferred venue for international arbitration despite years of legislative and judicial reform. Speaking at the inauguration of the new building of the Gujarat High Court Arbitration Centre, the CJI said the real challenge is not the viability of arbitration in India, but whether domestic institutions command sufficient global confidence to attract high-value cross-border disputes.

Addressing a conference on institutional arbitration, the CJI noted that disputes involving Indian parties frequently end up in foreign arbitral seats, even though statutory amendments and Court rulings have strengthened party autonomy and reduced judicial interference. He observed that institutional arbitration in India still occupies a limited space, with many parties opting for ad hoc proceedings or traditional litigation due to doubts about efficiency, neutrality and value addition. Stressing the need for capacity building, he underlined the importance of robust infrastructure, trained arbitrators, professional case management and digital systems capable of handling complex commercial disputes.

In a candid assessment, the CJI remarked, “The question we must confront is not whether arbitration is viable; it is whether our institutions inspire sufficient trust to become the most preferred choice.” He emphasised that credibility cannot be created by statute alone but must be earned through consistent, transparent and professional practices.

While inaugurating the upgraded arbitration facility and its digital platforms, he underscored that modern infrastructure, both physical and technological, signals seriousness and strengthens user confidence. He urged systematic investment in training and institutional standards to ensure quality keeps pace with expansion.

Disclaimer: This news/ article includes information received via a syndicated news feed. The original rights remain with the respective publisher.