At the third ‘Arbitrate in India Conclave’ held on December 3, former Supreme Court Justice Hima Kohli emphasized the critical need for judicial restraint in arbitration processes. The conclave, a collaborative effort by the Indian Dispute Resolution Centre (IDRC), the Bar Council of India’s Indian Institute of Law Education and Research (IIULER), and the Vienna International Arbitral Centre (VIAC), marked the celebration of IDRC’s fourth anniversary as a leading arbitration institution in India and the Asia-Pacific.
Justice Kohli, in her address, urged for thoughtful and strategic reforms in arbitration laws to minimize litigation and improve judicial efficiency. Her call for restraint comes at a time when arbitration is increasingly seen as a preferred method for resolving commercial disputes, given its private and binding nature.
The event also featured prominent figures including Union Minister Harsh Malhotra, Attorney General R Venkataramani, and various senior advocates and policymakers. Discussions at the conclave focused on strengthening India’s institutional arbitration framework, shifting from ad hoc to institutional arbitration, and the special challenges of arbitration in banking and finance disputes.
Union Minister Malhotra spoke about India’s longstanding tradition of arbitration, tracing it back to ancient Panchayat and Vedic practices, and underscored its relevance in modern governance and legal frameworks. Meanwhile, Attorney General Venkataramani highlighted the government’s initiatives towards incorporating emergency arbitration provisions and in-house appellate tribunals in future legislative updates.
Senior advocate and Bar Council of India chairperson Manan Kumar Mishra noted the increasing relevance of arbitration in the Indian economy and reiterated the BCI’s dedication to positioning India as a global hub for dispute resolution.
