ICA
Chief Justice Kant Stresses Stronger ADR Framework to Realise Aspirations of India-UK FTA Ensure level playing field for all entities
Hon'ble Chief Justice of India Justice Surya Kant (third from left) with distinguished speakers at the 4th ICA International Conference on Indo-UK Commercial Disputes in London
United Kingdom, London, June 8, 2026 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 FTA concluded between India and UK, he said it is expected to increase bilateral trade between the two nations by an estimated USD 34 billion a year in the near future, which is indeed an aspiration of extraordinary ambition. Observing that the next wave of Indo-UK trade will not be carried out by conglomerates, Justice Kant said, it will be taken forward by pharmaceutical suppliers, fintech firms, clean energy businesses, digital platforms, and mid-market manufacturers on both sides. "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." Strongly batting for informed neutrality, Justice Surya Kant called for setting up of a joint Indo-UK arbitrator accreditation and cross-training program in order to build a shared pool of practitioners genuinely fluent in both ecosystems.
He also suggested creation of a swift protocol to deal with disputes relating to technology licensing disputes, fintech partnerships breakdowns, and so on. "For these, institutional arbitration framework should be suitably provided, and that platform should be something which is acceptable and affordable by all of them. This will require a capped fee, a primary documentary procedure, online hearing where appropriate, a short mediation window, and a defined timetable for final determination," said Justice Kant. The Chief Justice made a case for connecting arbitration with mediation through properly designed hybrid protocols. Many Indo-UK disputes will arise within continuing relationships-joint ventures, distribution networks, technology partnerships, infrastructure contracts. In all such relationships, the best outcome is often not a winning award but a preserved commercial relationship. India's Mediation Act 2023 and the growing mediation culture in the UK give us ample foundation. "We need to build protocols that are properly safeguarded for confidentiality and impartiality," he added. In his keynote address, Rt. Hon. Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice of England and Wales, spoke about the evolving role of technology and artificial intelligence in dispute resolution and highlighted the importance of maintaining trust, fairness, and efficiency within legal systems. The Indian Council of Arbitration (ICA), established in 1965 by the Government of India and FICCI, is India's premier arbitral institution dedicated to the promotion and development of arbitration, conciliation, mediation, and other forms of alternative dispute resolution. Speaking on the occasion, Mr. Kartik Pande, Deputy High Commissioner of India to United Kingdom said that Indian Government remains fully committed to promote ADR for faster resolution of disputes. Mr. Brett Dixon, Vice President, The Law Society of England and Wales emphasized on the importance of legal cooperation, institutional engagement, and effective dispute resolution mechanisms in strengthening business confidence and commercial partnerships. Dr. NG Khaitan, President, ICA and and Senior Partner, Khaitan & Co, said that people have reposed trust and confidence in India, which today is one of the safest place to do business. He also stressed on the need to promote arbitration to expeditiously resolve commercial disputes and said that judgments of the Indian courts are cited all over the world. Mr. Arun Chawla, Director General, ICA said that arbitration has become a silent infrastructure of growth and emphasized that both India and UK are investing in the strengthening the arbitration system.
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