In a compelling address during the India ADR Week 2026, Senior Advocate Ciccu Mukhopadhaya emphasized the importance of arbitrators maintaining firm control over arbitration proceedings without the fear of potential court interventions overturning their decisions. Mukhopadhaya underlined the crucial role that arbitral tribunals play in managing proceedings effectively, suggesting that a well-reasoned order from the tribunal could discourage courts from interfering.
Speaking at a panel moderated by Shantanu Agarwal, Managing Partner at Lexster Law, Mukhopadhaya shared insights with fellow panelists, including Senior Advocate Mahesh Jethmalani, Mahmood Hussain, Founding Partner at M&Co Legal in Dubai, and Olga Tsvetkova, Managing Partner at Brevia Legal in Abu Dhabi. He noted that while arbitral institutions could assist in minimizing delays, the primary responsibility for maintaining order lies with the tribunal itself.
Mukhopadhaya pointed out that parties often employ delay tactics at various stages of arbitration, from the appointment of arbitrators to the submission of pleadings and adjournment requests. He highlighted scenarios where parties withheld critical documents during pleadings, only to submit voluminous filings shortly before witness examinations, thus overwhelming the opposing party and hindering their preparation for rebuttals and cross-examinations.
Concurring with Mukhopadhaya, Mahesh Jethmalani advocated for stricter statutory timelines and more significant financial repercussions for parties that intentionally delay proceedings. He stressed the importance of the tribunal enforcing timelines from the outset to set a disciplined tone for the entire arbitration process. Jethmalani further suggested imposing costs at procedural milestones rather than deferring them until the final award.
Mahmood Hussain called for greater transparency within arbitral institutions, urging the establishment of robust systems to monitor arbitrator conflicts, appointments, and professional relationships. Meanwhile, Olga Tsvetkova warned that actions labeled as guerrilla tactics might sometimes be genuine attempts by parties struggling to secure justice within the originally agreed-upon forum.
The discussions during India ADR Week also explored emerging challenges in arbitration. In another session, Joanne Lau, Secretary-General of the Hong Kong International Arbitration Centre (HKIAC), shared that HKIAC had managed 391 technology-related disputes involving $13.6 billion between 2021 and 2025. These disputes spanned sectors like cryptocurrency, biotechnology, telecommunications, and more, with future challenges anticipated in quantum computing, robotics, and AI.
Additionally, a session on the impact of geopolitics and sanctions on international arbitration featured experts like Alexander Petsche, Managing Partner at Baker McKenzie Rechtsanwälte GmbH, and Ana Stanic, Director & Founder of E&A Law Limited. The panel discussed the heightened relevance of force majeure due to wars and sanctions, affecting contractual performance and enforcement of arbitral awards.
