Judiciary proactive in fostering arbitration-friendly environment in India: CJI BR Gavai

Chief Justice of India (CJI) BR Gavai said on Friday that the judiciary in India is playing a proactive role in fostering an arbitration-friendly environment in the country. .He reasoned that various progressive judgments delivered by the Supreme Court of India over the last few years are a testament to it. “While legislative reforms have significantly strengthened India's arbitration framework, the judiciary has also played a proactive role in fostering a more arbitration-friendly environment. Various progressive judgments by the Supreme Court of India over the last few years stand testament to this. Nonetheless, the enormity of India as a country has ensured that certain on-ground challenges continue,” he said. The CJI said that the Indian judiciary has and will continue to recognise and respect the autonomy of the arbitral process, ensuring that courts step in only when demanded by the needs of justice. “By embracing international best practices and aligning them with our legal and business ecosystems, we can create an environment that fosters confidence, encourages investment, and propels India's position in the global economy,” he underscored. .CJI Gavai was speaking in London at a discussion organised by Indian law firm Trilegal on the topic ‘Navigating the Evolving Landscape: The Impact of the 7th Edition of the SIAC Rules on India-Related Arbitrations’. The discussion was supported by the Singapore International Arbitration Centre (SIAC). .The CJI said that the 7th Edition of the SIAC Rules is a forward-looking endeavour aimed at enhancing efficiency while balancing fairness. “For India, whose commercial players are increasingly global in outlook and operation, these rules offer both an opportunity and a challenge. The opportunity to align with international best practices, and the challenge to elevate our own standards while balancing them,” he said. The judge stressed that, combined with the robust and supportive legal systems of both Singapore and India, these Rules can play a significant role in promoting business activities. Strengthening of dispute resolution mechanisms will build greater confidence among international investors, encourage them to engage in business ventures across borders by offering a reliable forum for resolving disputes, he said. The CJI further stressed that the new Rules encourage Indian institutions to take a leaf from the SIAC’s book and strengthen their commitment to developing world-class arbitration frameworks. “This includes investing in the necessary infrastructure, building a skilled and diverse cadre of trained arbitrators, and ensuring consistent judicial non-interference. The strides being made by the SIAC and the success story of Singapore as an arbitral destination provide many inspiring lessons for the Indian arbitral ecosystem.” .The discussion was also attended by Solicitor General Tushar Mehta, Lord David Neuberger (former President of the Supreme Court of the UK and serving judge of the International Commercial Court of Singapore), Darius Khambata (Senior Advocate and Member of SIAC Court of Arbitration), Shwetha Bidhuri (Director & Head, South Asia, SIAC), Sapan Gupta (vice President - Group General Counsel at Arcelor Mitta), Sidharth Sharma (General Counsel at Tata Sons) and Nitesh Jain (Partner at Trilegal).