Speaking at a conference on “Evolution of Arbitration in India: Today’s Scenario, Emerging Challenges & Proactive Reforms” organised by Dharmashastra National Law University in Jabalpur, Justice N. Kotiswar Singh of the Supreme Court of India emphasised that the ideals contained in the Preamble of the Constitution form the foundational philosophy guiding India’s legal system and judicial institutions.
Addressing a large gathering of students, faculty members and members of the legal fraternity, Justice Singh began his remarks on a reflective note, observing that students’ attention spans are often limited and therefore the challenge before any speaker is to rekindle curiosity and engagement. Interacting with students, he asked how many had memorised the Preamble of the Constitution. Noting that only a few students raised their hands, he urged them to learn it by heart, describing the Preamble as the “Mul Mantra” of the Indian judiciary and the guiding principle for lawyers, judges and lawmakers.
Justice Singh observed that the values embedded in the Preamble: justice, liberty, equality and fraternity must inspire every legal professional in the country. He encouraged students to begin their day by reading the Preamble, much like one would recite a prayer, stating that it represents the constitutional vision that sustains India’s democratic and judicial framework.
Reflecting on the opportunities available in India, Justice Singh told students that the country offers immense possibilities for growth and leadership. He remarked that among the young students present could be future judges, lawmakers, ministers and even a Prime Minister. He encouraged them to pursue excellence while remaining rooted in constitutional values.
Turning to the theme of the conference, Justice Singh noted that arbitration has emerged as a key mechanism in resolving commercial disputes both domestically and internationally. He observed that arbitration today lies at the intersection of law, commerce and sovereignty, particularly in the context of global trade and cross-border transactions.
Tracing the historical evolution of arbitration in India, Justice Singh explained that the concept is not alien to Indian legal traditions and can be traced back to ancient texts and dispute resolution mechanisms rooted in community practices. However, the modern statutory framework has evolved significantly, particularly after economic liberalisation in the 1990s, which opened the Indian economy to global investment and cross-border commerce.
Justice Singh remarked that the economic reforms of the 1990s including liberalisation, privatisation and globalisation created new commercial realities that required efficient dispute resolution mechanisms. This led to the development of modern arbitration law aligned with international standards and the principles of UNCITRAL.
Highlighting the advantages of arbitration, Justice Singh spoke about party autonomy, procedural flexibility and finality of arbitral awards. He noted that arbitration offers parties the freedom to choose arbitrators, select procedural rules and even determine the seat of arbitration, making it particularly suited for complex commercial disputes.
At the same time, he candidly acknowledged several challenges facing the arbitration ecosystem in India. Among these were concerns relating to rising costs of arbitration, the need for greater institutional capacity, technological infrastructure, and the importance of specialised domain expertise among arbitrators dealing with complex commercial and technical disputes.
Justice Singh also highlighted the importance of mediation as a complementary dispute resolution mechanism. He described mediation as a process that allows parties themselves to become agents of resolution, often leading to “win-win” outcomes that preserve relationships and reduce adversarial tensions.
Referring to the functioning of courts and tribunals, Justice Singh pointed out the massive volume of pending litigation in the country and observed that effective alternative dispute resolution mechanisms such as arbitration and mediation can play a critical role in reducing the burden on courts while ensuring timely justice.
He further emphasised the need for constant evolution in legal systems, stating that institutions must continuously introspect and improve in order to remain effective. Encouraging students and legal professionals to adopt a mindset of growth and reform, Justice Singh concluded with a simple message: “Adopt, Build, Develop and Evolve.”