"Need To Take Ad-Hoc Arbitrators Into Fold Of Institutional Arbitration" Justice Surya Kant At The ICA Arbitration Conference

Indian Council of Arbitration organized a conference on 'Arbitration: A Catalyst for Sustainable Growth in Infrastructure Development', which brought together legal luminaries, scholars, and industry experts to delve into the fundamental role of arbitration in promoting sustainable growth in India's infrastructure development. The event was a landmark gathering for those interested in exploring the role of arbitration as primary and most efficacious medium for commercial dispute resolution thereby promoting sustainable and robust growth in India's infrastructure development.

Justice Surya Kant, Judge, Supreme Court of India, while addressing the conference said that that there is a great deal of trust and faith in the Indian Judiciary. The faith that people have in individual and former judges is what sustains ad-hoc arbitration. However, as facts and figures show, people are increasingly preferring institutional arbitration. It was emphasized that institutional arbitration should certainly be encouraged and promoted, as it aligns with the current global trend. Furthermore, it was suggested that there is a need to integrate ad-hoc arbitrators into the framework of institutional arbitration.

Justice Sheel Nagu, Chief Justice of the High Court of Punjab & Haryana, remarked, “As judges, we play a crucial role in ADR. We can encourage its use by educating litigants about the benefits, facilitating referrals to mediation or arbitration, and ensuring that our court rules support these alternative processes. Our leadership in this area can help shift the culture from adversarial confrontation to constructive resolution.”

The inauguration session was followed by two technical sessions chaired by Justice Arun Palli, and Justice Suvir Sehgal, Judges, High Court of Punjab & Haryana. 

Mr. Gurminder Singh, Advocate General of Punjab and Senior Advocate at the Punjab & Haryana High Court, emphasized that "infrastructure is like the blood running through the veins of a nation," and sustainable growth is only achievable when commercial disputes are resolved swiftly, otherwise, development remains on hold.

Further, Mr. N G Khaitan, President, ICA & Senior Partner, Khaitan & Co, stated that infrastructure plays a crucial role in building sustainable growth, and its success and implementation can only be achieved when there is both ease of justice and ease of living.

Mr Arun Chawla, Director General, ICA said, “As India, aspires to be the third largest economy and the third largest construction sector globally, we have to develop an efficient and effective Alternative Dispute Resolution mechanism.”

About The Indian Council of Arbitration

The Indian Council of Arbitration (ICA) is the apex arbitral institution of India, established in 1965 with the objective of promoting and facilitating the use of arbitration, conciliation, and other alternative dispute resolution mechanisms for the settlement of commercial disputes. As an arbitral institution, it has gained the status of national importance, founded by the Government of India & FICCI (the oldest & apex chamber of commerce & industry), as the founding members of the Council. Not only is ICA a leading arbitration institution in India, but it is also highly regarded as a preferred and trusted arbitration center within the South Asia region, effectively administering claims totaling upwards of INR 4500 Crores (USD 470 million) annually. Currently, ICA has over 10 centers within pan India, covering almost all major cities i.e., Mumbai, Kolkata, Chennai, Chandigarh, Ahmedabad, Bengaluru, Hyderabad & others.