Chief Justice of India (CJI) Surya Kant on Saturday said the current arbitration is starting to look like the very court process it was meant to replace, pointing to delays in adjudication and proceedings extending to multi-day hearings and heavy documentation.
“We are now seeing hearings that take several days. We are seeing mass production of documents similar to common law discovery. We are seeing competing experts on every point. We are seeing arbitration awards that take years, not months… Arbitration is starting to look like the same court process it was supposed to replace,” he said.
It produced the latest data released by the International Chamber of Commerce (ICC) to illustrate the long delays in arbitration disputes that take an average of 26 months to reach a final decision. London Court of International Arbitration (LCIA) figures show an average of 20 months. “By the standards of our traditional courts, these numbers are not shocking. But they are a far cry from the speedy arbitration we were once promised.”
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While acknowledging that the foundations of international arbitration remained sound, he said that over time, layers of procedure had obscured the efficiency and flexibility for which he suggested that courts administer the proceedings with discipline, set realistic timetables at the outset, and ensure that they are followed.
Speaking on the theme ‘International Arbitration: Navigating New Realities and Testing the Fundamentals’ at the Singapore International Arbitration Center’s (SIAC) Annual India Conference in Delhi, CJI Kant highlighted four areas of concern. These include, coupled with robust case management, balanced transparency, sensible use of technology, and restraint by courts when asked to enforce arbitration awards.
He said courts should resist the urge to second-guess arbitrators because it poses a real risk of inconsistency, the same thing that undermines predictability between parties in arbitration proceedings. “As arbitration begins to take on disputes involving digital assets and other AI-driven technologies, this clear human role will become even more important.”
