Senior Advocate Gaurav Pachnanda highlighted both progress and challenges in the Indian arbitration landscape during a session titled Winning Isn’t Enough: Rethinking Success in Arbitration. The session was part of the London International Disputes Week 2026, co-hosted by the Mumbai Centre for International Arbitration (MCIA) and Fountain Court Chambers.
Pachnanda acknowledged the positive developments in Indian arbitration, noting the influx of reputable institutions, an increasingly arbitration-friendly judiciary, and a growing pool of competent arbitrators. However, he pointed out that the court system remains a significant hurdle, particularly during the setting aside of challenges and enforcement stages of arbitral awards.
“Judges are showing a supportive stance towards arbitration, and we’re seeing a decent pool of skilled arbitrators emerging in India. Nevertheless, the court system continues to be a bottleneck when it comes to setting aside challenges and enforcement,” Pachnanda observed.
The session, moderated by MCIA Secretary General and Registrar Neeti Sachdeva, featured insights from Anneliese Day KC of Fountain Court Chambers, Mohit Saraf, Founder and Managing Partner of Saraf and Partners, and Nimish Chodankar, Partner at FIDAS, CLA Global Indus Value Consulting.
According to Pachnanda, the arbitration framework cannot be detached from the broader commercial court system. Delays in interim protection, challenges to awards, or enforcement proceedings are systemic issues, not just isolated to arbitration. This, he reasoned, is why many inbound investors prefer arbitration seats outside of India.
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Mohit Saraf emphasized that enforcement complications often arise from poorly drafted contracts, where the seat of arbitration isn’t clearly defined. “During late-stage negotiations, parties may be too fatigued to understand the critical impact of precise arbitration clause wording,” Saraf explained.
Sachdeva opened the discussion by stressing the importance of actually recovering awarded amounts, stating, “Winning isn’t enough; success is when the client has the money in their account.”
Nimish Chodankar offered a perspective from asset tracing, noting that only about 35 to 45 percent of paper awards translate into actual recoveries. However, with diligent asset tracing, this figure can improve significantly, potentially reaching 75 to 85 percent. He urged parties to assess recoverability alongside merit from the start.
Anneliese Day KC added that enforceability should be a continuous consideration throughout the arbitration process, not just post-award. Counsel must evaluate various factors such as the validity of the arbitration agreement, due process, and public policy in the jurisdiction where enforcement is sought. “Understand the public policy of the country where you wish to enforce,” she advised.
