CJI Surya Kant Warns Arbitration Is Becoming Like Court Litigation, Calls for Affordable and Efficient Dispute Resolution

June 6, 2026 : Chief Justice of India Surya Kant has expressed concern that arbitration is increasingly developing the same shortcomings as conventional court litigation, undermining the very purpose for which it was created. Speaking at the 4th International Conference on Arbitrating Indo-UK Commercial Disputes in London, Justice Kant said arbitration was originally designed as a faster, more efficient alternative to lengthy court proceedings but is now beginning to mirror many of the structural problems associated with litigation.

He highlighted rising arbitration costs, procedural delays, growing complexity and the concentration of appointments among a small group of arbitrators and legal practitioners as major challenges facing the system. According to the Chief Justice, arbitration has gradually evolved into an industry where the focus is often placed on promoting arbitration as a commercial product rather than improving it as an effective dispute resolution mechanism.

Justice Kant observed that high-value international arbitration matters are frequently handled by a limited circle of repeat arbitrators, counsel and experts, creating a perception that opportunities remain restricted for new entrants. He also noted that modern arbitration proceedings increasingly involve extensive pleadings, multiple procedural stages, prolonged hearings and significant legal expenses, reducing the efficiency and flexibility that arbitration was intended to provide.

Raising concerns over complex arbitration clauses, the Chief Justice said parties often become embroiled in preliminary disputes relating to jurisdiction, governing law, arbitral seat and the validity of arbitration agreements before the actual merits of their claims are examined. He stressed that party autonomy should not be viewed as an unrestricted right to choose favourable adjudicators but as a means to ensure an independent, impartial and transparent dispute resolution process.

Referring to the recently concluded India-United Kingdom Free Trade Agreement, Justice Kant said a strong and efficient dispute resolution framework would be essential for sustaining commercial confidence and investment. He emphasized that arbitration must remain accessible not only to large corporations but also to MSMEs, start-ups, fintech companies and emerging businesses.

To strengthen Indo-UK commercial dispute resolution, the Chief Justice proposed a joint arbitrator accreditation programme, a fast-track mechanism for mid-value commercial disputes and greater integration of arbitration with mediation through hybrid dispute resolution models. He concluded by stating that arbitration must return to its core principles of efficiency, accessibility and fairness and should remain an instrument of justice rather than a privilege available only to those with substantial financial resources.