Chief Justice of India Justice Suryakant has called for deeper institutional cooperation between India and Germany to make cross-border arbitration more accessible, predictable and effective, while emphasising the need for judicial restraint and respect for parties’ choice to arbitrate.
Addressing the Indo-German Arbitration Conclave in Berlin on August 27, the CJI said India and Germany should build upon their growing economic ties by developing stronger mechanisms for resolving complex commercial disputes. He said arbitration can succeed only when it is supported by efficient institutions, capable arbitrators and courts that intervene only where extremely necessary, without delaying or displacing the arbitral process.
Justice Suryakant highlighted India’s arbitration reforms, noting amendments to the Arbitration and Conciliation Act, 1996 in 2015, 2019 and 2021 aimed at reducing judicial intervention, encouraging institutional arbitration, strengthening procedural timelines and improving efficiency. He said the broader trajectory of Indian arbitration remains directed towards greater efficiency, institutionalisation and minimal judicial intervention.
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Drawing on Germany’s experience, particularly that of the German Arbitration Institute (DIS), the CJI said India and Germany could explore structured relationships between arbitral institutions, including through joint programmes, professional exchanges, collaborative research and training initiatives.
He also called for greater capacity building, including professional secondments, joint training programmes, academic collaborations and exchanges between arbitrators and counsel. According to him, the quality of an arbitral system ultimately depends on the quality of the people operating it.
On the role of courts, Justice Suryakant said arbitration cannot function in isolation from the judiciary. While courts play an essential role in interim relief, appointment of arbitrators and enforcement of awards, the credibility of arbitration also depends upon judicial restraint and respect for the parties’ decision to arbitrate. He advocated substantive judicial dialogue between India and Germany to improve predictability in international arbitration.
The CJI further identified technology and transparency as important areas of cooperation, noting the growing use of virtual and hybrid hearings, electronic evidence and digital case management. He said technology should be used to reduce unnecessary cost and delay while preserving procedural fairness.
Concluding his address, Justice Suryakant said the larger subject underlying international arbitration is trust, which must extend to arbitral institutions, arbitrators, counsel and courts. He expressed hope that the Berlin conclave would lead to lasting institutional partnerships, professional exchanges and judicial dialogue between India and Germany.