Introduction of a New Arbitrator Register Proposed by CJI Surya Kant
On Friday, Chief Justice of India (CJI) Surya Kant put forth a visionary proposal for the establishment of a comprehensive cross-institutional register detailing arbitrators’ conflicts of interest, current caseload, average award delivery times, and areas of expertise. This initiative was suggested during his keynote address at the concluding session of India ADR Week 2026 in New Delhi, commemorating the tenth anniversary of the Mumbai Centre for International Arbitration (MCIA).
Proposal for Greater Transparency in Arbitration
CJI Kant emphasized the importance of selecting arbitrators based on transparent and publicly accessible data rather than relying solely on reputations within restricted legal circles. He stated, “Let Counsel choose Arbitrators the way any serious professional chooses a specialist, based on a visible track record, rather than on reputation transmitted only through closed circles.” The Chief Justice underscored that arbitral institutions should not wait for statutory regulation to implement such transparency.
Regulatory Context and Expectations
The Arbitration Council of India was established by a law passed in 2019, yet it remains unnotified, leaving a gap in regulatory oversight. CJI Kant argued, “Let transparency do the work that regulation is expected to do. This is not a softer alternative to regulation. In some ways, it may be a stronger form of accountability.” He further advocated for specialized panels of arbitrators for sectors like energy and technology to ensure disputes are handled by individuals with relevant expertise.
The Impact on India’s Arbitration Ambitions
CJI Kant highlighted the critical role of experience in establishing India as a premier international arbitration destination. He cautioned that if a global client’s initial encounter with Indian arbitration is marred by delays, no regulatory changes could rectify the perception. “If a global client’s first experience of an Indian-seated arbitration is a contractor waiting 18 months for interim payment, then another Tribunal could have granted in 18 days, no change in the rules of entry for foreign Counsel will save us,” he warned.
MCIA’s Achievements and Future Prospects
Neeti Sachdeva, MCIA Secretary General and Registrar, highlighted the institution’s achievements, including the issuance of 185 awards without any being set aside. She noted efforts to diversify the arbitrator pool, train emerging professionals, and strengthen India’s institutional arbitration framework.
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Senior Advocate Nakul Dewan reflected on the evolving discourse around Indian arbitration, which has shifted from concerns about court interventions to India’s potential role in the global arbitration landscape.
Support for the Proposed Register
Senior Advocate and MCIA Council Member Gourab Banerji supported CJI Kant’s proposal, describing the cross-institutional register as “unique” and “eminently doable.” He argued that providing detailed information on arbitrators could enhance self-regulation within the arbitration community.
Conclusion and Future Directions
MCIA Council Co-Chair Nish Shetty noted the diversity in MCIA’s arbitrator appointments and cases, highlighting the inclusion of women and international elements. He welcomed the growth of arbitral institutions in India as a means to strengthen the overall arbitration ecosystem.
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The event also featured the launch of the Arbitration Survey 2026, conducted by BCLP and Shardul Amarchand Mangaldas, with real-time transcription services provided by TERES throughout the India ADR Week 2026.
