The 5th Biennial International Conference on Construction Law & Arbitration, organised by the Society of Construction Law (SCL) India, concluded on a reflective and forward-looking note with the Closing Address delivered by Dr Manoj Kumar, Additional Secretary, Ministry of Law & Justice, followed by the Valedictory Address by Hon’ble Mr Justice Ujjal Bhuyan, Judge, Supreme Court of India. The conference, themed “Future of Construction Disputes: Navigating Change in India and Beyond,” brought together leading arbitrators, legal practitioners, engineers, academicians, policy-makers and international experts to deliberate upon critical developments in construction dispute resolution.
In his Closing Address, Dr Manoj Kumar underlined the pivotal role of the construction sector in shaping India’s economic growth and infrastructural transformation. He emphasised that disputes in construction projects go far beyond legal complications, often translating into national developmental delays and financial strain on the public exchequer. Highlighting India’s vision to emerge as a developed nation by 2047, Dr Kumar called for a modern, efficient, predictable and globally benchmarked dispute resolution ecosystem led by swift arbitration and expanded use of mediation. He particularly stressed the urgent need for capacity-building across stakeholders including engineers, administrators, policymakers and mediators and the importance of simplifying legal and mediation discourse in a multilingual and diverse nation like India. Appreciating the work of SCL India under the leadership of Mr Ratan Singh, he encouraged the institution to continue driving research, fostering dialogue and supporting reform in construction law and dispute resolution.
Delivering the Valedictory Address, Hon’ble Mr Justice Ujjal Bhuyan described construction arbitration as the “silent scaffolding upon which modern economies rest.” Drawing attention to the increasing complexity of infrastructure projects, he noted that construction arbitration is a unique hybrid field which blends law, engineering, economics, scheduling and risk management, making it one of the most challenging yet vital areas of dispute resolution. Reflecting on the technical sessions of the conference, Justice Bhuyan highlighted key themes such as the importance of record-based evidence, scientific delay analysis, handling of overhead and profit claims, cross-examination of experts, subcontracting issues and defects liability.
Justice Bhuyan also candidly addressed the persistent issue of excessive judicial intervention in arbitral awards in India, noting that it often undermines the very efficiency arbitration seeks to achieve. In this context, he underlined the growing relevance of mediation as a risk-management tool, offering certainty, speed and preservation of commercial relationships. Referring to Section 30 of the Arbitration and Conciliation Act, 1996, he strongly advocated for the wider adoption of hybrid arbitration, where mediation and conciliation can be integrated into ongoing arbitral proceedings without undermining their legal sanctity. However, he cautioned that the mediation process must protect due process and procedural fairness, especially where caucusing is involved.
Concluding his address, Justice Bhuyan remarked that mediation should not be seen as a competitor to arbitration, but as a complementary mechanism that strengthens the overall dispute resolution framework. He expressed confidence that the insights and collaborations fostered at the conference would contribute meaningfully to the evolving contours of construction law and arbitration in India and globally.
The conference concluded with a Vote of Thanks delivered by Mr Ratan Singh, acknowledging the distinguished speakers, panellists, delegates, organising committee and supporting partners for making the 5th edition a resounding success and for reinforcing SCL India’s position as a vital platform for thought leadership in construction law and dispute resolution.