New Delhi Hosts Pivotal Discussions on India’s Arbitration and Dispute Resolution Challenges

New Delhi Hosts Pivotal Discussions on India’s Arbitration and Dispute Resolution Challenges

“Explore India’s evolving arbitration reforms and enforcement challenges shaping its $2.8 trillion economy”

India, the world’s fifth-largest economy valued at $2.8 trillion, is currently navigating a critical juncture in its commercial dispute resolution landscape. The 4th Commercial Dispute Conclave, scheduled to take place tomorrow at The Grand in New Delhi and hosted by ET Legal World, promises to be a defining moment in shaping the future of India’s arbitration system.

Arbitration at a Crossroads: The Core Debate

India’s arbitration framework is under intense scrutiny as legal experts grapple with a fundamental question: Should the country enforce strict statutory deadlines for arbitration enforcement, potentially at the expense of judicial discretion, or should it instead invest in strengthening institutional capacity to allow for more nuanced, case-specific decision-making? This debate assumes heightened significance as India aspires to establish itself as a global hub for international arbitration. Persistent delays and escalating costs in enforcement processes continue to undermine confidence in arbitration as the backbone of commercial dispute resolution. Data from 2022 reveals that nearly 48% of pending arbitration cases had been unresolved for over a year, underscoring enforcement as the system’s Achilles’ heel.

Presidential Keynote: Vision for a Global Disputes Hub

A highlight of the conclave will be the Presidential Keynote address by R. Venkataramani, Attorney General for India, titled “Building India’s Future as a Global Disputes Hub.” His remarks are expected to outline India’s progress in reforming arbitration laws over the past decade, aimed at bolstering the country’s appeal as an international arbitration destination.

Addressing Enforcement Challenges: Insights from Industry Leaders

The morning session, “Arbitration at a Crossroads,” will bring together prominent legal and corporate experts to dissect why enforcement remains the most formidable challenge for Indian arbitration. Esteemed panellists include Gunita Pahwa, Joint Managing Partner at S&A Law Offices; Sameer Chugh, General Counsel at Games 24x7; and Prarabdha R. Jaipuriar, General Counsel for SUEZ India.

The panel also features Dr. Menaka Guruswamy, Senior Advocate at the Supreme Court of India, who will explore concerns around judicial unpredictability, especially within the existing legal framework that mandates arbitration awards be rendered within 12 months, extendable by six months with mutual consent.

Sonal Kumar Singh, Managing Partner at AKS Partners, will examine the credibility gap between Indian arbitration institutions and internationally renowned hubs such as Singapore and London. Given recent reforms introduced in 2024, this session is poised to be crucial in steering India’s arbitration reforms.

Embracing Technology: The Future of Dispute Resolution

The afternoon session, moderated by Chitra Rentala of Trilegal, will focus on the intersection of technology and justice. This panel will address the readiness of India’s dispute resolution ecosystem to adopt technological innovations such as Artificial Intelligence, Online Dispute Resolution, and digital justice frameworks, particularly in the context of evolving data protection regulations. Corporate leaders like Manish Kharbanda, Jindal Steel & Power Limited, Somya Agarwal, Fractal Analytics, and Anubhav Kapoor, Samvardhana Motherson Group will provide practical insights on how technology can streamline dispute resolution by reducing case pendency and costs.

Expanding the Horizon: Dispute Resolution Beyond Metro Cities

Recognizing India’s economic growth beyond metropolitan centres, a dedicated session will explore the unique challenges faced by Tier 2 and Tier 3 cities in dispute resolution. Moderated by Amar Sundram, General Counsel at NEC Corporation, the panel will feature Rajeev Aggarwal of Gravitas Legal and Manjaree Chowdhary from Maruti Suzuki, among others. This session aims to highlight infrastructural gaps and procedural difficulties that hinder effective dispute resolution outside the major urban hubs, offering vital perspectives for companies expanding their footprint across the country.

Cross-Border and Sector-Specific Focus

With India’s international trade relations reaching unprecedented levels, a panel including Dr. Mukul Shastry (Cube Highways) and Raka Roy (Galadari Advocates, UAE) will examine cross-border dispute resolution mechanisms critical for sustaining investor confidence and facilitating smooth international commerce. The conclave will close with an important discussion on construction and infrastructure disputes—a sector projected to become one of the largest globally by 2025. Industry stalwarts such as Manish Lamba, DLF Cyber City Developers and Mehak Oberoi, GE Vernova will address challenges impacting infrastructure development and investor trust.

The Road Ahead: Balancing Reform and Implementation

Throughout the conclave, a persistent theme will be the delicate balance between regulatory reform and practical implementation. The 2024 Draft Bill’s proposal to impose a stringent 60-day limit on appeals sparks debate on whether legislative changes or institutional strengthening will best drive progress. As India’s legal fraternity convenes, the outcomes of these discussions will critically influence not only the future of India’s dispute resolution system but also the nation’s credibility as a preferred destination for global commerce.

The 4th Commercial Dispute Conclave is set to bring together over 150 senior legal professionals, corporate counsels, and judicial experts for an intensive dialogue on India’s arbitration challenges and opportunities. With enforcement delays and costs continuing to hamper the system, the insights and resolutions emerging from this event could be decisive in India’s journey to becoming a premier global disputes hub.