The potential for India to emerge as a global arbitration hub is contingent upon allowing parties the freedom to select their counsel, as well as addressing existing regulatory uncertainties. This was the key message from Gourab Banerji, Senior Advocate and President of the Arbitration Bar of India (ABI), during a prominent legal event held in London’s Guildhall on Monday. The event, jointly hosted by the Bar of England and Wales and the ABI, was themed ‘India and the UK – courts, commerce and culture.’
Banerji, along with ABI Vice-President Vyapak Desai and Secretary Shashank Garg, highlighted India’s strides in developing its arbitration framework but pointed to significant gaps that remain. He emphasized the importance of party autonomy, particularly the ability to choose legal counsel, for establishing India’s credibility as a preferred arbitration destination. “For India to be recognized as a global hub, it is essential to allow international parties to engage their counsel of choice. Until this is realized, India still has a long journey ahead,” Banerji remarked.
The discussion also touched upon the 2025 India-UK Free Trade Agreement, which notably omitted provisions for legal services, a decision Banerji described as a missed opportunity. He expressed surprise at this exclusion, given the UK’s status as the second-largest exporter of legal services globally. “This gap highlights unfinished business, and we understand why this occurred,” he added.
Banerji humorously critiqued the current regulatory framework governing foreign lawyer participation in India-seated arbitrations, likening the Bar Council of India Rules to a Harry Belafonte song: “It was clear as mud, but it covered the ground, and the confusion made the brain go round.” He mentioned ongoing dialogues with relevant stakeholders, including the Bar Council of England and Wales, to address these regulatory ambiguities, hoping for progress.
Also contributing to the discussion, Kirsty Brimelow, Chair of the Bar Council of England and Wales, outlined efforts to revive ‘fly-in fly-out’ provisions for foreign lawyers, allowing them to partake in Indian arbitrations on a temporary basis. She clarified that such arrangements aim to support, not compete with, Indian legal teams, aligning with the principle of party autonomy in arbitration. Brimelow also noted that liberalizing these legal services could positively impact other sectors, such as hospitality and tourism.
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Expressing optimism for regulatory change, Brimelow stated, “I hope that the current impediments to fly-in fly-out arbitration for barristers from England and Wales will be lifted, and I am committed to ongoing dialogue with the Bar Council of India.”
The event concluded with a fireside chat featuring historian William Dalrymple, who shared insights into India’s historical role as a global trade and cultural exchange hub. He traced the influence of ideas, religion, and mathematics through ancient trade networks and reflected on the rise of corporate power, drawing comparisons between the East India Company and modern multinationals. Dalrymple’s discussion underscored the event’s overarching theme of courts, commerce, and culture, illustrating how legal systems, economic exchange, and historical influences shape today’s international arbitration landscape.
