ADR architecture essential to support growing bilateral trade and ensure accessible dispute resolution, says Chief Justice
Hon’ble Chief Justice of India Mr. Surya Kant has called for strengthening Alternate Dispute Resolution (ADR) mechanisms to support the objectives of the India-United Kingdom Free Trade Agreement (FTA) and facilitate growing commercial engagement between the two countries.
Speaking at the ICA’s 4th Edition of the International Conference on “Arbitrating Indo-UK Commercial Disputes” in London, Justice Surya Kant emphasized the need for robust institutional arbitration frameworks to support cross-border business relationships.
Hon’ble Justice Surya Kant said, “We need to strengthen the institutional arbitration that are required to ensure that party autonomy remains a guarantee of procedural fairness rather than a source of procedural contestation.”
Referring to the India-UK FTA concluded last year, he noted that the agreement is expected to increase bilateral trade by an estimated USD 34 billion annually in the near future.
“But ambitions are realized in contracts, not in communiqués. The Indo-UK economic partnership cannot be strengthened by trade agreements, tariff schedules, and investment announcements alone. It also needs an ADR architecture that converts commercial confidence into day-to-day practice,” Justice Surya Kant said on June 5.
He further stated that trade corridors are strengthened when businesses have access to fair, affordable and efficient mechanisms for resolving disputes.
Highlighting the changing nature of bilateral commerce, Justice Kant observed that future growth in Indo-UK trade would be driven not only by large corporations but also by pharmaceutical suppliers, fintech firms, clean energy companies, digital platforms and mid-sized manufacturers.
“If our ADR mechanisms work only for disputes large enough to justify high fee or large legal teams, that might fail the very commercial partnership that are meant to support,” he said, stressing, “We must, therefore, introspect how to ensure equal level playing field for all.”
Justice Surya Kant also advocated for informed neutrality and proposed the establishment of a joint Indo-UK arbitrator accreditation and cross-training programme to create a pool of professionals familiar with both legal systems.
He suggested developing dedicated protocols for disputes involving technology licensing, fintech partnerships and similar sectors. According to him, institutional arbitration frameworks should offer affordability and accessibility through capped fees, documentary procedures, online hearings, mediation windows and defined timelines.
The Chief Justice also emphasized integrating arbitration and mediation through hybrid protocols, particularly for disputes arising within ongoing commercial relationships such as joint ventures, distribution networks, technology collaborations and infrastructure projects.
Referring to India’s Mediation Act 2023 and developments in the UK mediation ecosystem, he said, “We need to build protocols that are properly safeguarded for confidentiality and impartiality.”
In his keynote address, Rt. Hon. Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice of England and Wales, discussed the growing role of technology and artificial intelligence in dispute resolution, while highlighting the importance of trust, fairness and efficiency in legal systems.
Mr. Kartik Pande, Deputy High Commissioner of India to the United Kingdom, said the Indian Government remains committed to promoting ADR for faster dispute resolution.
Mr. Brett Dixon, Vice President, The Law Society of England and Wales, highlighted the importance of legal cooperation, institutional engagement and effective dispute resolution systems in strengthening commercial partnerships.
Dr. NG Khaitan, President, ICA and Senior Partner, Khaitan & Co, stated that India continues to be regarded as a reliable destination for business and underscored the importance of arbitration in resolving commercial disputes efficiently.
Mr. Arun Chawla, Director General, ICA, said arbitration has emerged as an important enabler of economic growth and noted that both India and the UK are investing in strengthening arbitration systems.
