'Indian Courts Have Enriched & Deepened Meaning Of Statutory Safeguards In Arbitration': Justice Surya Kant

The Delhi Arbitration Weekend 2025 (“DAW”) concluded with the Keynote Address by Mr. Gary Born, Partner, Wilmer Cutler Pickering Hale and Dorr LLP, the Presidential Address by Mr. Arjun Ram Meghwal, Minister of State, Ministry of Law and Justice (Independent Charge).The valedictory address was given by Justice Surya Kant, Judge, Supreme Court of India, followed by the vote of thanks by Justice Subramonium Prasad, Chairperson, organising committee, DAW 2025.Justice Surya Kant noted that arbitration, which was once a niche mechanism, has become the backbone of commercial dispute resolution. Independent arbitration proceedings ensure freedom from influence, and integrity ensures fairness, transparency, and the confidence of the parties. Without these facets, arbitration would have reduced to a hollow ritual, and it is only then that the judiciary assumes its role of oversight.He traced how on the international front, the UNCITRAL Model Law establishes impartiality, independence and disclosure as the cornerstones of arbitration, and how the Indian Parliament, by way of enacting the A&C Act 1996, have woven these safeguards by adopting such a framework."The Amendment of 2015 has marked a significant step forward in codifying the neutrality standards. With the introduction of Schedule V containing 34 categories of potential conflicts, a detailed framework has been laid down for identifying relationships that give rise to justifiable doubts about impartiality. Schedule VII goes to another extent, rendering individuals with certain conflicts ineligible to serve as Arbitrators, except if the parties waive the right to object in writing," he said."Implementing such safeguards lies in how the courts interpret and enforce them. Indian Courts have not merely applied the statutory provisions, but have gone an extra mile by enriching and deepening their meaning. For example, the Supreme Court has held that independence and impartiality of the arbitrator are the hallmarks of any arbitral proceedings. Mere perception of bias is sufficient to erode the parties' confidence in the arbitral proceedings," he added.Justice Kant highlighted that party autonomy is the backbone of the arbitral process, and the A&C Act is designed to give parties the widest possible freedom to shape the procedure of the arbitral proceedings to suit their needs and commercial realities. Section 5 of the A&C Act guides the Indian Courts, which are conscious of the principle of minimal judicial intervention.He further stated that the Supreme Court has made it clear multiple times that while party autonomy must be respected, the judiciary cannot abdicate its supervisory role when the principles of natural justice are at risk. Mr Gary, in his keynote address, discussed how arbitration does not exist autonomously or independently; it exists in collaboration with, and in necessary reliance upon, national courts and legislature. In a real sense, the international commercial arbitration is a public-private partnership, an enterprise that involves both the state and private parties. "In the past decades, international commercial arbitration has been used as a dispute resolution mechanism for every type of dispute. For example, mining, energy, intellectual property, sport, etc. It is preferred by some of the world's largest corporation as well. Seeing the importance of arbitration concerning cross-border trade and investment, governments would continue to support the international arbitration process," he said. Delivering the presidential address, the Law Minister, Mr. Arjun Ram Meghwal stressed the need to revisit Section 34 of the A&C Act. He said, having visited London, Bahrain, Hong Kong, Singapore, etc., and looking at their arbitration jurisprudence, it is clear that we cannot operate without an alternative dispute resolution mechanism. Justice Subramonium Prasad, delivering the vote of thanks, talked about how far this event has come since its inception in 2023, when only nine institutions took part, compared to 17 institutions taking part in the present edition of DAW. He thanked the speakers/panellists, people in the organising committee, the sponsors of DAW 2025, the support staff, and the Delhi High Court security staff.

'Indian Courts Have Enriched & Deepened Meaning Of Statutory Safeguards In Arbitration': Justice Surya Kant

Mohd Talha Hasan

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