Overview
- Chief Justice Surya Kant warned on Friday, June 5, 2026, in London that international arbitration has taken on litigation’s problems, citing rising costs, long delays, procedural complexity and a narrow circle of repeat appointees.
- He said these trends risk making arbitration the preserve of large firms rather than a practical remedy for ordinary commercial disputes and urged fixes to restore proportionality and access.
- To address the issues he proposed concrete steps including a joint India‑UK arbitrator accreditation and training programme, capped fees and a swift‑track protocol for mid‑value disputes with documentary procedures and fixed timetables.
- Kant also recommended stronger integration of arbitration and mediation through hybrid protocols, digital platforms for affordable institutional arbitration and short mediation windows before hearings.
- The proposals are timed to influence the India‑UK Free Trade Agreement as it enters implementation and build on existing tools such as India’s Mediation Act 2023 and the UK’s mature mediation culture to create an accessible Indo‑UK ADR corridor.