Supreme Court judge Justice Surya Kant on Friday underscored that international legal cooperation has become an essential and routine part of the judiciary’s work, marking a significant evolution in the global practice of law.
Speaking at the annual litigation conference on “Comity of Courts and International Legal Cooperation in Practice,” Justice Kant said, “Justice is not a commodity to be hoarded within national borders; it is a universal aspiration. The comity of courts and international legal cooperation are instruments by which we move closer to that aspiration.”
Highlighting the increasing interconnectedness of global disputes, Justice Kant noted that litigation now transcends geographical boundaries.
“Assets may be held in Singapore, evidence may rest on servers in Ireland, witnesses may reside in Canada, while the cause of action arises in India,” he said, questioning how courts can ensure justice without letting interconnectedness become “entanglement.”
The answer, he said, lies in the comity of courts — a principle rooted not in surrendering sovereignty, but in “mutual respect, coordination, and trust between judiciaries across the globe.”
Justice Kant observed that in the 21st century, comity has evolved from a mere gesture of courtesy into a “functional necessity.”
“Without it, cross-border dispute resolution risks descending into chaos — conflicting judgments, endless forum shopping, and erosion of faith in the rule of law. With comity, however, we create predictability, fairness, and efficiency for litigants,” he said.
He emphasised that “international legal cooperation is no longer aspirational; it is now part of our daily judicial lives.”
Justice Kant referred to the Jet Airways (India) Ltd vs State Bank of India (2019) case, where the National Company Law Appellate Tribunal (NCLAT) recognised parallel insolvency proceedings in the Netherlands and directed cooperation between Indian and Dutch administrators.
He described the decision as “a significant step toward cross-border insolvency cooperation.”
Justice Kant identified several challenges to building global legal cooperation — including conflicting sovereignties, technological barriers, and cultural or normative differences.
To address these, he suggested:
- Institutionalising regular bilateral and multilateral judicial exchanges to build mutual trust.
- Providing specialised training for judges and lawyers in comparative jurisprudence and international conventions.
- Using digital platforms for mutual legal assistance, evidence sharing, and even virtual hearings across jurisdictions.
- Creating a “global repository of case studies and judicial approaches” on cross-border issues to serve as a reference for courts worldwide.
Justice Kant concluded with a call to preserve the spirit of justice over procedural rigidity.
“In the pursuit of precision and procedure, we often allow technicalities to overshadow substantive justice. Justice, if it becomes the handmaid of procedure, ceases to inspire trust. This spirit must guide international cooperation, as dispensation of justice must never be defeated by the tyranny of technicalities,” he said.
