Justice Surya Kant Pitches India as Future Arbitral Power

Gothenburg, Sweden (ABC Live): In a decisive endorsement of India’s arbitration potential, Supreme Court judge Justice Surya Kant told a global gathering that “the future of arbitration is not just international — it is also Indian.” Speaking at [“Reimagining International Arbitration: India’s Emergence as a Global Arbitration Destination”], the judge highlighted India’s growing relevance in the dispute resolution space amid shifting global dynamics.

⚖️ Why India — And Why Now?

Justice Kant pointed to a combination of legislative reform, institutional growth, and judicial will as the foundation of India’s global arbitration aspirations.

“India is uniquely positioned to emerge as a serious contender among the next generation of preferred arbitral seats,” he stated.

This confidence is backed by a measurable trend. According to the Queen Mary University of London 2021 International Arbitration Survey, while London (54%) and Singapore (54%) remain the top choices globally, India is now frequently chosen in cross-border disputes involving South Asia, Africa, and the Middle East.

📊 Data-Backed Progress

1. Number of Arbitrations in India

   • As per reports by LCIA India and MCIA, India saw a 39% increase in administered arbitrations between 2019 and 2024.

   • The Mumbai Centre for International Arbitration (MCIA) handled 56 new cases in 2023, up from 17 in 2020, reflecting growing trust.

2. Time and Cost Efficiency

   • The average duration of India-seated arbitrations dropped from 728 days (2016) to 452 days (2023), aided by the 2015 and 2021 Amendments.

   • Compared to Singapore (16–18 months) and London (up to 24 months), India is now regionally competitive.

3. Judicial Support Metrics

   • According to the India Justice Report and NITI Aayog, 87% of arbitration-related cases in High Courts are disposed of within a year, following the Supreme Court’s directives (see Perkins Eastman v. HSCC).

⚙️ Legislative Backbone

Justice Kant emphasised India’s modern arbitration laws:

• The Arbitration and Conciliation Act, 1996, based on the UNCITRAL Model Law, set the foundation.

• The 2015 Amendment brought in strict timelines, fast-track arbitration, and neutral arbitrator provisions.

• The 2021 Amendment further reduced court interference and boosted arbitrator independence.

“With these changes, India is no longer seen as an arbitration-unfriendly jurisdiction,” said Kant.

🌐 Global Context and the India Edge

India offers cost efficiency, faster resolution, and a pro-reform legal environment, making it attractive for investors and corporates seeking neutral venues.

🏛️ Institutional Momentum

India’s institutional platforms are now globally recognised:

• MCIA ranked among Asia’s top arbitral institutions (Global Arbitration Review 2024).

• The India International Arbitration Centre (IIAC) in New Delhi features e-filing, multilingual hearings, and cross-border expertise.

🔮 The Road Ahead

Justice Kant called for further international partnerships, policy continuity, and capacity-building for Indian arbitrators.

“India is no longer just a participant in international arbitration—it is a stakeholder in shaping its future.”

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