Chief Justice of India Surya Kant has expressed support for mediation as an essential instrument for resolving disputes, citing procedural hurdles in arbitration. In a lecture at the Supreme Court of the United Kingdom, he emphasized the need for a fundamental shift in how global corporations and legal systems approach conflict.
He noted that arbitration is facing procedural complexities, particularly in international arbitration, and that mediation is now emerging as the authentic frontier of commercial agility. The CJI highlighted the difficulties in getting disputes resolved through arbitration, including delays due to questions on the validity of agreements, the appointment of arbitrators, and challenges to interim or final awards.
He stressed that mediation is no longer an alternative but an essential instrument for achieving timely, amicable, and lasting resolution of disputes. The Supreme Court has taken steps to grant institutional support to mediation in India, including encouraging mediation in sectors such as insurance and motor accident compensation claims.
The Mediation Act, 2023, has established mediation as an autonomous pillar of commercial justice, introducing a robust mandate for pre-litigation mediation and embracing the digital future through online mediation.
