The London Court of International Arbitration (LCIA) hosted a landmark international arbitration symposium in London as part of the prestigious London International Disputes Week 2025 (LIDW).
The event brought together prominent figures in global arbitration, with the Chief Justice of India, Justice Bhushan Ramakrishna Gavai, delivering the keynote address.
Shaping The Future Of Arbitration
Justice Gavai underscored India’s evolving role in international arbitration, declaring that the country had transformed from an ‘interventionist uncle’ to a ‘supportive elder cousin’ within the global arbitration community.
He highlighted that India’s judiciary has made substantial progress, both in legal interpretation and institutional development, aligning itself with international standards.
Kevin Nash, LCIA Director General and Board Member, conducted the session in an interview format, joined by legal expert Sherina Petit.
Their discussion centred on India’s increasing global presence and the strengthening of its arbitration institutions.
From Borrower To Standard-Setter
According to Justice Gavai, India is no longer merely adopting international best practices – it is actively shaping them.
Institutions such as the Delhi International Arbitration Centre (DIAC), the India International Arbitration Centre (IIAC), and the Mumbai Centre for International Arbitration (MCIA) are emerging as leaders in the field.
“India is not just asking for a seat at the table with London, Singapore, and Hong Kong,” said Justice Gavai. “It is bringing its own chair – and starting to write the rules.”
He praised recent landmark decisions by Indian courts that reflect this shift:
- Invalidation of unilateral appointment clauses by the Constitution Bench in Core
- Non-interference with arbitral awards as reaffirmed in Gayatri Balasamy
- Limited grounds for refusing enforcement of foreign awards, especially in cases of alleged bias
- Recognition of third-party funding in arbitration by the Delhi High Court, reinforcing access to justice
Institutional vs Ad Hoc Arbitration: An Evolving Debate
Addressing the longstanding debate between institutional and ad hoc arbitration, Justice Gavai acknowledged that while ad hoc arbitration remains popular for its familiarity, institutional arbitration is gaining momentum.
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“To tip the balance,” he said, “Institutions need more than infrastructure; they need credibility, performance, and enforcement power.”
He pointed to several strengths of emerging Indian institutions, including:
- Proactive case management
- Technology-forward systems
- Transparent fee structures
- Diverse and independent arbitrator panels
Justice Gavai called for greater adoption of institutional arbitration by public sector entities, noting that such a shift would have a transformative impact on legal culture and practice in India.
Expanding Arbitration Beyond The Metros
Reflecting on his own legal career, which began in Nagpur, Justice Gavai stressed the importance of extending arbitration access beyond major cities.
“India’s commercial activities are not confined to metros,” he said. “To be effective, arbitration must reflect that geographic and economic diversity.”
He advocated for:
- Virtual hearings
- Localised case management
- Outreach programmes by institutions
These tools, he explained, would help ensure that high-quality arbitration services are accessible across India’s vast commercial landscape.
Judicial Oversight Without Overreach
On the topic of arbitration-related litigation in India, Justice Gavai emphasised the need for balance.
“Efficiency doesn’t mean haste, and oversight doesn’t mean overreach,” he stated.
Courts, he argued, should serve as guardians intervening only when necessary to uphold justice, without encroaching on the autonomy of arbitral tribunals.
He praised recent trends showing restraint by Indian courts, including:
- Narrow application of bias as a ground to refuse enforcement
- Deference to arbitral tribunals’ jurisdiction in interim relief matters
- Adoption of prima facie review in place of full-scale judicial scrutiny
Interim Relief: A Support Mechanism, Not A Substitute
Finally, Justice Gavai addressed the courts’ role in granting interim relief during arbitration. He likened court intervention to scaffolding – crucial in early stages, but not meant to stand permanently.
He urged courts to grant interim relief only in situations involving imminent or irreparable harm, thereby maintaining the primacy and efficiency of the arbitral process.
“Courts should facilitate, not overshadow,” he concluded. “Interim relief must be a judicial step, not a judicial detour.”
India’s Arbitration Future Looks Promising
The LCIA symposium in London affirmed that India is rapidly cementing its place in the global arbitration order.
With judicial maturity, institutional evolution, and a strong push for accessibility and innovation, the country is not just keeping pace but beginning to lead.
As Justice Gavai aptly noted, it’s only a matter of time before ‘Made in India’ applies not only to goods and services, but to arbitration awards as well.
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