India Emerging as a Trusted Global Hub for International Commercial Dispute Resolution: CJI Surya Kant

Chief Justice of India (CJI) Justice Surya Kant on Friday said that India is steadily emerging as a fair, credible and efficient jurisdiction for resolving international commercial disputes, driven by sustained legislative reforms, progressive judicial interpretation, institutional strengthening and the rapid evolution of its arbitration and mediation ecosystem.

Delivering the keynote address at the international conference marking the 60th anniversary of the United Nations Commission on International Trade Law (UNCITRAL), jointly organised by the Supreme Court of India, the Ministry of External Affairs and UNCITRAL, the Chief Justice said India’s legal framework for commercial dispute resolution has undergone a significant transformation through legislative refinement, the growth of specialised arbitral institutions and deeper engagement with the global legal community.

He observed that India is no longer viewed merely as a place where international commercial disputes arise but is increasingly recognised as a jurisdiction capable of resolving such disputes efficiently, impartially and with global credibility.

Highlighting India’s rich commercial heritage, Justice Surya Kant referred to the ancient dockyard at Lothal in Gujarat, built by the Indus Valley Civilisation nearly 5,000 years ago. Archaeological discoveries, including Indian seals and carnelian beads found in Mesopotamia, demonstrate that India participated in cross-border trade long before the emergence of modern commercial laws, treaties or contractual systems. He noted that commerce flourished because merchants relied on trust, certainty and the assurance that agreements would be honoured, values that continue to underpin the rule of law and international trade today.

The Chief Justice recalled that when the United Nations General Assembly established UNCITRAL in 1966, international commerce was expanding rapidly but remained fragmented due to divergent domestic legal systems, conflicting legal traditions and inconsistent enforcement mechanisms. UNCITRAL was entrusted with harmonising international trade law by creating legal frameworks that bridge national legal systems rather than replacing them, enabling businesses to operate with greater legal certainty.

He noted that over the past six decades, UNCITRAL has played a pivotal role in shaping the global legal architecture governing international sales, commercial arbitration, mediation, electronic commerce, insolvency, secured transactions and digital trade.

Justice Surya Kant also praised the work of the UNCITRAL National Coordination Committee for India, stating that its active participation in UNCITRAL Working Groups, contributions to the Case Law on UNCITRAL Texts (CLOUT) programme, stakeholder consultations and institutional collaboration have strengthened India’s role in the progressive development and harmonisation of international commercial law while ensuring that Indian jurisprudence contributes meaningfully to evolving global legal standards.

Emphasising judicial modernisation, the Chief Justice highlighted several technological reforms undertaken by the Supreme Court, including the integration of the National Judicial Data Grid (NJDG), live-streaming of Constitution Bench proceedings, real-time transcription services and the proposed regulatory framework for Artificial Intelligence. These initiatives, he said, have enhanced transparency, accessibility and public confidence while making the Court’s functioning more accessible to citizens, lawyers and scholars across the world.

The Chief Justice further underlined the growing importance of consensual dispute resolution mechanisms. He said that the Supreme Court, in collaboration with the National Legal Services Authority (NALSA) and the Mediation and Conciliation Project Committee (MCPC), has launched initiatives such as the Mediation for the Nation campaign and Special Lok Adalat to encourage amicable settlement of disputes.

He observed that mediated settlements now receive judicial recognition through court decrees and that the Mediation Act, 2023 has, for the first time, established a comprehensive statutory framework governing both domestic and international mediation, reinforcing India’s commitment to institutionalising alternative dispute resolution.

Describing arbitration and mediation as indispensable pillars of the modern global trading system, Justice Surya Kant said conventional court litigation often faces limitations arising from territorial jurisdiction, procedural diversity and cross-border complexities. Arbitration and mediation, on the other hand, provide neutral forums, procedural flexibility, technical expertise and internationally enforceable outcomes, thereby promoting commercial certainty, investor confidence and continuity of business relationships.

Clarifying the judiciary’s role, he stated that courts do not compete with arbitration or mediation but provide the constitutional and legal foundation upon which both systems operate. Courts uphold party autonomy, ensure procedural fairness, enforce arbitral awards and mediated settlement agreements, and intervene only where judicial oversight is essential to preserve the rule of law.

Illustrating the distinction between arbitration and mediation, the Chief Justice referred to a hypothetical dispute involving an Indian manufacturer of specialised medical equipment and its Southeast Asian distributor following global shipping disruptions. While arbitration could efficiently determine contractual rights and liabilities, mediation could enable both parties to renegotiate delivery schedules, revise pricing arrangements, share commercial losses and preserve their long-standing business relationship.

Justice Surya Kant also observed that emerging challenges such as artificial intelligence, digital commerce, cross-border insolvency, public procurement, public-private partnerships and geopolitical instability are reshaping international trade and creating new legal and regulatory issues. He said these subjects would be discussed extensively during the three-day conference.

Despite these evolving challenges, he stressed that the foundational principles governing commercial justice remain unchanged: trust, neutrality, fairness, legal certainty and the rule of law. He expressed confidence that the conference would generate practical recommendations to strengthen international cooperation, deepen the harmonisation of global trade law and reinforce the rules-based international trading system.

Addressing the conference, External Affairs Minister S. Jaishankar said increasing geopolitical uncertainty and disruptions in global supply chains have highlighted the importance of a predictable, rules-based international legal order. He observed that countries are increasingly seeking harmonised legal frameworks and efficient dispute resolution mechanisms to strengthen cross-border trade and investment.

Union Law Minister Arjun Ram Meghwal said India’s judicial reforms have focused on legislative modernisation, institutional strengthening and digital transformation. He added that the government has undertaken comprehensive reforms to improve judicial efficiency, modernise arbitration, strengthen mediation mechanisms and enhance the ease of doing business by creating a more predictable and investor-friendly legal environment.