Team Blitz India
Delivering his address at the Supreme Court of the United Kingdom recently, the CJI stressed that arbitration must be steered by considerations of public policy, thereby empowering courts to intervene when necessary to prevent injustice.
He highlighted the evolution of arbitration from a supplementary dispute resolution mechanism to a primary choice for commercial entities worldwide. “Arbitration is no longer an ‘alternative.’ It is, in fact, the preferred method of seeking commercial justice,” he stressed, adding the shift is driven by the desire of parties to distance themselves from domestic court systems and resolve their disputes through a neutral, third-party arbitrator.
Giving a historic touch to the event, Lord Reed, President of the UK Supreme Court, extended the unique privilege to CJI Chandrachud of occupying the President’s seat during his speech, signifying a deep respect and solidarity between the judiciary of the two nations.
CJI Chandrachud said that courts in India are overburdened despite high courts disposing of 2.15 million cases and the district courts disposing of 44.70 million cases in 2023.
“These figures show the trust that the people of India have in their judiciary… Every aggrieved person who approaches the doors of the judiciary has the right to a just remedy. In attending to these grievances, the courts in India perform their plain constitutional duty. The width of our jurisdiction was designed to ensure the widest access to justice. But surely every case need not find a remedy before a court, with emerging forms of dispute resolution such as arbitration and mediation gaining acceptance,” he said.
“Arbitration provides a level playing field outside domestic court systems. I firmly believe that now is the time for countries such as India to step up to the occasion to create and promote a culture of commercial arbitration. The robust institutionalisation of arbitration will further the culture of arbitration in the Global South,” maintained the CJI, adding arbitral institutions ought to be transparent, accountable, technologically advanced and at the same time bring greater diversity in terms of gender or from the Global South to make for a broad-based process.
In his speech, the CJI also emphasised the importance of public policy in guiding arbitration proceedings and the enforcement of arbitral awards. He articulated that while arbitration offers autonomy and flexibility, it must still adhere to the overarching principles of justice and fairness, which are integral to public policy.
“Domestic courts should adopt a pro-arbitration approach and limit their interference to grounds explicitly provided in the New York Convention,” he remarked.
