Chief Justice of India (CJI) Surya Kant on Friday cautioned that excessive judicial interference in arbitration can undermine confidence in the dispute resolution mechanism.
Hence, courts must exercise restraint while interfering with arbitral proceedings and awards, the CJI opined.
“Excessive judicial intervention risks unsettling the assurance (that arbitration agreements will be respected), thereby weakening faith in arbitration as a reliable method of resolution,” he said.
The Chief Justice was delivering the inaugural address at the 5th edition of the ICA International Conference on “Arbitration in the Era of Globalization: Legal Technology, Economic Development & Cross-Border Disputes”.
The event was held at the Delhi High Court.
CJI Kant said that anti-arbitration injunctions must remain confined to exceptional circumstances and like post-award judicial review, such intervention should be exercised sparingly to preserve arbitral autonomy.
He also highlighted that arbitration has evolved beyond being merely an alternative dispute resolution mechanism and should be seen as a “preferred” pathway in a globalised economy.
Modern commerce depends on clarity and predictability in dispute resolution, particularly in cross-border transactions where parties require neutral and enforceable mechanisms, he opined.
Arbitration is an 'express highway' for resolving disputes, and the system must remain efficient and accessible so that parties prefer it over conventional litigation.
CJI Surya Kant also flagged the growing role of technology in arbitration, noting that virtual hearings and digital case management have significantly improved accessibility and reduced logistical delays.
At the same time, he cautioned against over-reliance on artificial intelligence in decision-making, stressing that the core legitimacy of arbitration must remain rooted in human judgment.
“Arbitration derives its legitimacy not only from efficiency but from the confidence that decisions remain the product of impartial human expertise,” he said].
He added that technology should be regulated through appropriate frameworks so that it strengthens the integrity of arbitral proceedings.
Delhi Lieutenant Governor Taranjit Singh Sandhu underscored the importance of arbitration in a globally interconnected economy.
He said arbitration has emerged as an essential pillar of global commerce and offers neutrality, predictability and enforceability—features that are critical to investor confidence and ease of doing business.
ICA Director General Arun Chawla, ICA President NG Khaitan and Senior Advocate Geeta Luthra also spoke at the event.