Chief Justice of India Surya Kant has emphasized the importance of mediation in resolving commercial disputes, citing the increasing procedural hurdles in international arbitration.
Delivering a lecture at the Supreme Court of the United Kingdom, CJI Kant said mediation is no longer an alternative but an essential instrument for achieving timely, amicable, and lasting resolution of disputes.
He called for a fundamental shift in how global corporations and legal systems approach conflict, saying the primary question for a modern corporation should be how to resolve disputes, not where to litigate.
CJI Kant also highlighted the need to reject the archaic narrative that pits alternative dispute resolution against traditional courts, saying the two systems should be viewed as complementary institutions serving distinct functions within a broader justice ecosystem.
He noted that arbitration has faced procedural complexities, leading to delays and increased litigation, and emphasized the need to adopt mediation as a more efficient and effective means of resolving commercial disputes.
CJI Kant referred to the Mediation Act, 2023, which has established mediation as an autonomous pillar of commercial justice and introduced a robust mandate for pre-litigation mediation.
He said the Act has also recognized online mediation and allows parties from different jurisdictions to settle disputes effectively without the burden of travel or procedural formality.
