Inaugurating the 5th ICA International Conference on “Arbitration in the Era of Globalisation,” Chief Justice of India, Justice Surya Kant emphasised that arbitration must continuously evolve to meet the demands of an increasingly complex and interconnected global economy. He noted that while globalisation has expanded the scale of commerce, it has also intensified the need for efficient and predictable dispute resolution systems.
Highlighting the centrality of arbitration, he observed that modern commerce depends not on eliminating disputes but on resolving them effectively, adding that “arbitration plays a central role in making this possible” and should be seen as a “preferred dispute resolution mechanism” rather than merely an alternative.
He noted that India has made significant strides in modernising its arbitration framework through legislative reforms and a progressive judicial approach. However, he cautioned that the focus must now shift from reform to responsiveness, noting that emerging sectors such as digital commerce and renewable energy demand greater procedural flexibility and subject-matter expertise.
“The task before us today is no longer simply one of reform. It is one of responsiveness to the emerging needs of business. Commercial disputes are becoming more complex every day. Sectors such as digital commerce, renewable energy, and transnational supplies and contracting generate disputes that demand procedural flexibility as well as subject matter expertise. If arbitration frameworks do not evolve in step with these realities, uncertainty begins to reappear.The way forward lies in strengthening regular dialogue between stakeholders such as commercial electors, arbitral institutions, practitioners, and policymakers.”
He also called for the development of an integrated dispute resolution ecosystem, observing that arbitration, mediation, and conciliation must function as “mutually reinforcing instruments rather than competing alternatives.”
On the role of technology, the address highlighted how virtual hearings and digital platforms have improved accessibility and efficiency, while cautioning that the increasing use of artificial intelligence raises concerns around confidentiality and independent decision-making. The CJI emphasised that such tools must be carefully regulated to preserve the integrity of arbitral processes.
Addressing judicial intervention, he stressed that courts must exercise restraint, stating that excessive interference can undermine arbitration. He noted that anti-arbitration injunctions should be granted only in exceptional circumstances to maintain a balance between tribunal autonomy and judicial oversight.
“Excessive judicial intervention, therefore, risks unsettling this assurance and weakening faith in arbitration as a reliable method of dispute resolution. Courts should, at best, remain passive, where arbitral proceedings appear manifestly inappropriate, abusive, or contrary to public policy. Judicial oversight, therefore, should not go beyond an essential safeguard within any mature arbitration framework. The real obstacle lies in maintaining a careful equilibrium between autonomy and accountability. Much like the courts’ cautious approach when reviewing arbitral awards at the post-award stage, the grant of anti-arbitration injunctions must remain confined to exceptional circumstances. Such restraint preserves the independence of tribunals while enabling courts to remain guardians of procedural fairness. A principled and sparing exercise of this jurisdiction strengthens the credibility of arbitration in the eyes of commercial actors.”
Finally, he highlighted the growing importance of institutional arbitration, stating that structured processes, predictable timelines, and neutrality in appointments are essential for handling complex international disputes. He added that expanding institutional capacity will be key to strengthening India’s position as a global arbitration hub.
Concluding, he observed that the credibility of India’s dispute resolution mechanisms will directly impact investor confidence, noting that arbitration provides the stability necessary for sustained economic growth in a globalised economy.