Supreme Court Justice Manmohan on arbitration in India: A growing trend

• Supreme Court Justice Manmohan describes arbitration and mediation as 'sunrise areas' with tremendous potential.
• Indian courts are struggling to keep up with mounting dockets and new forms of commercial disputes emerging daily.
• Arbitration in India now encompasses international commercial arbitration, investor-State disputes, and hybrid processes combining mediation with arbitration.
• Justice Manmohan calls for strengthening institutional arbitration and creating a larger pool of trained arbitrators and mediators.

The courts, as you know, are full of cases. It is just exploding with dockets. I, in fact, consider these two areas as the sunrise areas.

Supreme Court Justice Manmohan recently highlighted the growing importance of arbitration and mediation in resolving commercial disputes in India. Speaking at a dinner reception organized by the Chartered Institute of Arbitrators (Ciarb) India, Justice Manmohan described these two areas as 'sunrise areas' with tremendous potential. He emphasized that courts are struggling to keep up with mounting dockets and new forms of commercial disputes emerging daily.

Justice Manmohan's comments come at a time when the Indian judiciary is grappling with a significant backlog of cases. The Delhi High Court Justice Tejas Karia attended the event as guest of honor, along with Ciarb India Chairman Nusrat Hassan and Chairman Emeritus Lalit Bhasin.

Arbitration in India has evolved significantly over the years. No longer confined to conventional domestic disputes, it now encompasses international commercial arbitration, investor-State disputes arising from bilateral investment treaties, and hybrid processes combining mediation with arbitration. Justice Manmohan emphasized that these new genres will require private settings through arbitration and mediation.

The Indian government has been actively promoting institutional arbitration to resolve complex commercial disputes efficiently. However, the lack of trained arbitrators and mediators conversant with international practices remains a significant challenge. Justice Manmohan called for strengthening institutional arbitration and creating a larger pool of trained professionals.

The increasing importance of arbitration and mediation in resolving commercial disputes is a crucial development for lawyers, particularly with the growing backlog of cases in Indian courts. As Justice Manmohan noted, these 'sunrise areas' offer tremendous potential for resolving complex disputes efficiently. Lawyers should watch for the trend towards institutional arbitration and the need for trained professionals to navigate international practices.

The shift towards arbitration and mediation also highlights the need for training programs for arbitrators and mediators in India. By strengthening institutional arbitration and creating a pool of trained professionals, lawyers can better serve their clients and contribute to resolving commercial disputes more efficiently.

Lawyers should watch for the increasing importance of arbitration and mediation in resolving commercial disputes, particularly with the growing backlog of cases in Indian courts.

Source: Original reporting via Tremendous scope for arbitration, mediation as courts grapple with pendency: Supreme Court Justice Manmohan