The Institutional & Industrial Dispute Resolution Centre (IIDRC) organised an exclusive roundtable conference on 15th September, 2025 at the Suryaa Hotel in New Delhi which focused on the topic – “The Arbitration Advantage: Helping MSMEs Resolve Disputes Efficiently in India”.
The event commenced with a special address from the guest of honour Mr. Mahmood Hussain, Founding Partner, M&CO Legal, UAE, whose contributions have created a lasting impact on the practice of dispute resolution. He shared his invaluable experiences while highlighting that what distinguishes arbitration from court procedures is the complexity of culture. He went on to say that “When we choose an arbitrator, we do not choose him because he is the best lawyer or legal mind, we choose him because he can interpret culture”. He further mentioned that arbitration is a mechanism built for cultural understanding.
The stage was then graced with the presence of the keynote speaker for the evening, Hon’ble Justice Najmi Waziri, Retd. Judge of the Delhi High Court. While addressing cross-border disputes, Justice Waziri spoke about the number of cases filed on the Samadhan portal and mentioned that many MSMEs are unaware of their rights and powers that are conferred upon them through the MSME Act, which ultimately leads to delayed payments. He also mentioned the challenge of enforcing an international award. Justice Waziri further elaborated on his experiences, noting that there is considerable scope for everyone to work in the arbitration field.
The panel discussion began with Mr. Fahim Khan, Chief Legal Officer, IIDRC as the moderator who set the tone by stating that the discussion would be based on how arbitration and mediation can transform the challenges of cost, time, and enforceability into opportunities. Mr. Khan then invited the distinguished panellists – Mr. M.A Johar, President, Strategic Business, CP Plus, Advocate Tariq Khan, Head of International Arbitration, M&CO Legal, UAE, Advocate Divyam Agarwal, Partner, J. Sagar Associates, Advocate Jyoti Kumar Chaudhary, Senior Partner, Hammurabi & Solomon Partners, Advocate Zafar Khursheed, Founding Partner, TKC Partners, LLP, and Advocate Pragya Parijat Singh, AOR, Supreme Court of India.
The first question asked by Mr. Khan, which delved into the challenges faced by a leading business in India, was posed to Mr. M.A. Johar. He was also questioned on the factors and considerations while making business deals in relation to cross-border disputes. While sharing his experiences, Mr. Johar said that the major issue while negotiating MoUs and agreements is where the arbitration would occur. He went on to elaborate on the expectations that the corporate world has of arbitration.
Mr. Khan then directed a question towards Advocate Tariq Khan regarding the enforceability of arbitral awards. Mr. Tariq Khan started by saying that a conflict of clauses is often a cause of dispute and that giving effect to pathological clauses itself becomes a task. He further suggested that businesses should put down an institution of their choice in the clause, even if the seat is in a different jurisdiction. Regarding the enforceability of foreign awards, Mr. Tariq Khan mentioned the conduit jurisdiction that DIFC Courts follow, and that Dubai is a very interesting jurisdiction in terms of enforceability and recovery of money.
Mr. Divyam Agarwal was then asked for his opinion by Mr. Khan, to which he replied that the MSME Act is a well-intended Act to protect the voice of growing companies and firms that do not have a solid financial backing to fight big battles. He briefly spoke about some of the gaps that are present in the Act and then went on to talk about institutional arbitration. Mr. Agarwal said that the landscape of institutional arbitration in the past 5-6 years has considerably improved. Mr. Agarwal commended the IIDRC Rules, saying they are on par with those of big global institutions. He also mentioned that MSMEs must be made aware of the existence of such institutions in India and that law firms, as well as lawyers, should contribute to educating the business about the same.
Moving on, Mr. Khan asked Advocate Jyoti Kumar Chaudhary to shed some light on the policy changes. Mr. Chaudhary started by saying that ‘arbitration has a different mindset, different culture, different pain points, and different urgencies than civil court culture’ which is why the arbitration code will be complete when there is a specific framework to deal with the arbitral award. Mr. Chaudhary further mentioned that since the MSME Act mostly has provisions that are in favour of the purchaser, which in turn creates a certain mindset, a reform is required to give more confidence to both parties.
Mr. Khan then mentioned that IIDRC is trying to bring in reforms to better facilitate MSMEs and commented on the fact that the cost of arbitration and mediation should be brought down. Following this, Mr. Khan turned to Advocate Zafar Khursheed to gain insight into a practitioner’s perspective on addressing this issue. Mr. Khursheed stated that even though the evolution of institutional arbitration has been remarkable, we do not have a culture of committing to the real promise of what institutional arbitration can offer. Mr. Khursheed also mentioned that it is when the culture becomes pervasive that people will finally start appreciating institutional arbitration over ad hoc arbitration.
Mr. Khan moved on to Advocate Pragya Parijat Singh and asked her about her opinion on the judicial side. Ms. Singh mentioned that MSMEs contribute greatly to the economy, and even though the sector is large, they are vulnerable. Ms. Singh then mentioned that the judiciary can support them by ensuring the law is correct and not misused. She further stated that the 2020 amendment has made the statute stronger. Ms. Singh emphasized that MSMEs require education to flourish, and she concluded that last-mile connectivity, a vertical and horizontal approach, and education are the only viable solutions.
Mr. Khan thanked the esteemed panellists and mentioned that the perspective of culture, which was discussed throughout the session, was very fresh and unique, and that this aspect must be considered to better deliver to the businesses that are the backbone of the Indian economy.
The closing remarks for the event were given by Mr. Hamid Baig, CEO, IIDRC, who announced the launch of a new initiative by IIDRC – IIDRC Learning, which would be named as IIDRC Edge, offering regular courses and training for students and lawyers. He went on to mention that the first module to be launched would be ‘Artificial Intelligence in Legal Research’. Mr. Baig then observed that “the first industry to completely imbibe AI will be MSMEs”. Lastly, Mr. Baig thanked the distinguished guests of the session and the sponsors for being a part of the event.