Need to take ad-hoc arbitrators into fold of institutional arbitration: Justice Surya Kant, Judge, Supreme Court of India

Sep 28, 2024

CHANDIGARH, 28 September 2024: Hon'ble Mr Justice Surya Kant, Judge, Supreme Court of India, today will addressing conference on ‘Arbitration: A Catalyst for Sustainable Growth in Infrastructure Development’, organized by International Council of Arbitration (ICA), said, “There is a great deal of trust and faith in the Indian Judiciary. The faith 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. Institutional arbitration should certainly be encouraged and promoted, as it aligns with the current global trend. There is a need to take ad-hoc arbitrators into fold of institutional arbitration.”

 

Hon’ble Mr Justice Sheel Nagu, Chief Justice of the High Court of Punjab & Haryana, said, “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 Hon’ble Ms Justice Arun Palli, Judge, High Court of Punjab & Haryana and Hon’ble Mr Justice Suvir Sehgal, Judge, High Court of Punjab & Haryana respectively.

 

Mr Gurminder Singh, Advocate General of Punjab & Sr. Advocate Punjab & Haryana High Court said, “Infrastructure is like the blood running through the veins of a nation. This development places a country on the path of sustainable growth. Till such time that we have speedy resolution of commercial disputes, development is at hold, the nation is at hold.”

 

Mr N G Khaitan, President, ICA & Senior Partner, Khaitan & Co, said, “Infrastructure which can build sustainable growth, and infrastructure can only be successful and can be implemented when there is 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.”

 

The conference 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. With a diverse and insightful program, 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.