NEW DELHI: Frequent amendments to arbitration laws are hampering efficiency and escalating litigation to higher courts, cautioned Justice Hima Kohli, former Supreme Court judge, at the third Arbitrate in India Conclave, 2024. Held at the India International Centre, the event was organised by the Indian Dispute Resolution Centre (IDRC) in collaboration with the Bar Council of India’s IIULER.
The conclave aimed to chart a robust future for institutional arbitration in India, drawing participation from jurists, policymakers, industry leaders, and banking heads.
Justice Kohli, chairing the panel discussion on ‘ad-hoc vs. institutional arbitration’, underscored the need to balance reforms and avoid excessive legislative changes that prolong disputes.
“Amendments often lead to challenges that escalate through High Courts and the Supreme Court, resulting in increased judicial scrutiny and delays. We must pursue reforms without constant changes to the laws,” she said.
R. Venkataramani, Attorney General of India, advocated for a shift from India’s prevailing ad-hoc arbitration culture to a structured institutional framework.
He highlighted the upcoming Arbitration and Conciliation Amendment Bill, 2024, which proposes Emergency Arbitration and the introduction of in-house Appellate Tribunals within arbitral institutions. Meanwhile, Union minister Harsh Malhotra emphasised India’s ancient arbitration traditions rooted in the Upanishads and Panchayat systems.