Gujarat High Court Arbitration Centre Hosts 2026 Arbitration Week
The Gujarat High Court Arbitration Centre (GHAC) recently organized a three-day event known as Arbitration Week 2026 at GIFT City Club in Gandhinagar. This gathering served as a platform for members of the judiciary, legal professionals, and arbitration practitioners to discuss the future of institutional arbitration in India.
Interview with Senior Advocate Mihir Thakore
During the event, Senior Advocate Mihir Thakore engaged in a discussion with Pallavi Saluja from Bar & Bench. They delved into various aspects of Indian arbitration, particularly a decade after the 2015 amendments. Thakore shared insights on the persisting trust issues surrounding institutional arbitration and the obstacles Ahmedabad faces in expanding its arbitration capabilities beyond domestic boundaries.
Evaluating the Impact of the 2015 Amendments
When asked about the changes in Indian arbitration post-2015, Thakore noted a slight improvement in arbitration timelines but expressed concern about the prolonged duration of proceedings. “For arbitrations commenced after 2015, it still takes at least three years to conclude once pleadings are over,” he observed. While he acknowledged some positive experiences, he stressed the need for further reforms, particularly advocating for a structured appeal system to address Section 34 applications.
The Role of Specialized Benches in Arbitration
Thakore cautioned against the potential drawbacks of having specialized benches exclusively for arbitration matters. He suggested a rotational system where judges with varying degrees of arbitration experience could work together, fostering a balanced approach without becoming autocratic.
Courts and the Philosophy of Limited Intervention
Discussing the judiciary’s adherence to the philosophy of limited intervention under Section 34, Thakore acknowledged that courts generally respect arbitral awards. However, he highlighted a significant issue: “If an award isn’t honest, courts still won’t interfere because they won’t delve into the evidence under the patent illegality standard.” This raises concerns about how to address dishonest awards.
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Gujarat High Court’s Approach to Arbitration
Reflecting on the Gujarat High Court’s recent arbitration practices, Thakore expressed frustration with the extended delays in execution, citing a personal case that remained unresolved for over three years. He welcomed a recent directive from Supreme Court Justice Pardiwala aiming to expedite execution processes.
Arbitrator Independence and Disclosure
Thakore emphasized the importance of full disclosure by arbitrators regarding previous appointments by parties. He pointed out that this transparency is often lacking, despite the updated IBA Guidelines on Conflicts.
The Preference for Ad-Hoc Arbitration in India
Thakore highlighted the entrenched mindset favoring ad-hoc arbitration due to parties’ desire to appoint arbitrators who may favor them. “The real shift needed is in mindset: arbitration isn’t about having someone who favors you,” he asserted, advocating for a change in approach to bolster institutional arbitration.
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Ahmedabad’s Prospects as an Arbitration Hub
While acknowledging potential growth in domestic arbitration, Thakore expressed skepticism about Ahmedabad’s ability to compete internationally, citing the strong preference for Bombay and Delhi among drafting firms.
Future of GHAC and Arbitration Reforms
Thakore discussed GHAC’s association with the High Court, suggesting that the inclusion of external members could enhance its credibility and growth. He also called for stricter enforcement of timelines and discipline among arbitrators, emphasizing the importance of timely execution and resolution of Section 11 orders.
