The Chief Justice of India (CJI), Surya Kant, recently addressed the ongoing delay in the establishment of the Arbitration Council of India (ACI), a full six years following the legislative mandate for its formation. Speaking at the Indian Institute of Arbitration and Mediation’s (IIAM) Silver Jubilee ADR Summit themed “Reimagining ADR: Innovation, Technology & the Future of Justice” in Delhi, CJI Kant underscored the gap between legal enactment and its practical implementation, which he termed as a “credibility deficit” that legislation alone cannot rectify.
Inaugural Address Highlights
During his inaugural address, CJI Kant focused on India’s arbitration reforms, emphasizing the significance of the ACI, which was envisaged under the Arbitration and Conciliation (Amendment) Act of 2019. This entity was intended to grade arbitral institutions and accredit arbitrators. However, its absence even after six years remains a matter of concern.
Additionally, CJI Kant mentioned the Draft Arbitration and Conciliation (Amendment) Bill, which was released for public consultation in October 2024 based on the Viswanathan Committee’s recommendations. This bill is yet to be introduced in Parliament, a delay that hampers the progress of arbitration reforms in India.
Comparative Analysis with International Arbitration Centers
The CJI also highlighted the increasing preference of Indian parties for international arbitration centers such as the Singapore International Arbitration Centre, where they ranked as the third-largest foreign users in 2024 and 2025. He clarified that this should not be perceived as a critique of Singapore’s arbitration framework, but rather a call to action for India to enhance the attractiveness of its own arbitration seats like Mumbai and Delhi.
CJI Kant noted, “Singapore’s success in arbitration is a result of decades of persistent institutional practice, not merely legislative changes. It is the discipline in implementation that we should emulate.”
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Future of Mediation and AI in Dispute Resolution
On the topic of mediation, CJI Kant stressed the need for professional mediator training and accreditation, alongside an increased inclination among businesses to include mediation clauses in commercial contracts. He further advocated for India’s ratification of the Singapore Convention on Mediation to solidify its commitment to alternative dispute resolution mechanisms.
Regarding the integration of artificial intelligence (AI) in dispute resolution, CJI Kant cautioned against allowing AI to replace human decision-making. He stated, “AI may assist in organizing evidence or drafting translations, but it should not be tasked with making decisions, as it lacks the authority or ability to do so effectively.”
In conclusion, CJI Kant emphasized that the future of arbitration, mediation, and digital dispute resolution should focus on building public trust by ensuring that justice is delivered fairly, timely, and effectively outside the traditional courtroom setting.
