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Supreme Court Judges Lead Mediation and Arbitration Talks at ’s International ADR Conference
A constellation of India’s foremost judicial minds and leading legal practitioners will converge in the capital for ’s International ADR Conference, a two-day discourse set to dissect the future contours of . With the ’s docket swelling and cross‑border commercial engagements intensifying, the conference arrives at a critical juncture. Justice Surya Kant will deliver the inaugural address, framing a gathering that blends courtroom wisdom with cutting‑edge practice. Over multiple sessions, retired Supreme Court judge Justice Sanjay Kishan Kaul will examine ; Justice A.K. Sikri, also a former apex court judge, will delineate the line between international commercial and ; while a fireside chat between Supreme Court judge Justice Manmohan and will peer into the future of mediation in India. judge Justice Pratibha M Singh and will later anchor a discussion on ADR, artificial intelligence and legal technology, signalling that the profession’s next frontier lies at the intersection of law and code.
Setting the Stage: Why ADR Now Dominates Judicial Thought
India’s arbitration and mediation ecosystem has undergone a seismic shift in the past decade. The , repeatedly amended to align with global best practices, and the establishment of the have pushed forward. Yet enforcement delays, judicial interference and a scarcity of specialized mediators continue to dog the system. It is against this backdrop that ’s conference, bringing together the Supreme Court and judges alongside senior advocates and technologists, promises to be more than a ceremonial gathering.
The choice of speakers itself signals the depth of engagement. Justice Surya Kant’s opening address is expected to outline the judiciary’s expectation that ADR must move from being a case‑management tool to a mainstream dispute‑resolution philosophy. He has consistently advocated for mediation as a first‑resort mechanism, and his presence underlines the apex court’s institutional backing for the conference’s themes.
: Justice Kaul’s Session as a Diplomatic Imperative
In an increasingly globalized legal market, remains one of the least‑explored but most promising ADR mechanisms. Justice Sanjay Kishan Kaul, whose tenure on the Supreme Court bench saw several pro‑arbitration rulings, will steer a dedicated session on this subject. With the now in force and India being a signatory, the enforceability of across jurisdictions has acquired fresh urgency.
Justice Kaul is expected to address the cultural and procedural hurdles that complicate multi‑party, multi‑jurisdictional mediations — differences in confidentiality norms, the role of counsel, and the tension between mediation’s informal ethos and the need for predictability in . For corporate counsel and international trade lawyers, this session could serve as a blueprint for drafting that withstand scrutiny in both and systems.
Mediation’s Indian Future: A Fireside Chat with Justice Manmohan and Rajeev Virmani
Perhaps the most closely watched domestic conversation will be the fireside chat on the future of mediation between Justice Manmohan and . Justice Manmohan, who now sits on the Supreme Court, has a track record of championing from his days. brings decades of experience in commercial litigation and arbitration.
Their dialogue is expected to tackle pressing questions: Should India move towards for commercial disputes? Can we create a cadre of specialised mediators trained in sector‑specific knowledge — construction, IP, finance — akin to the model in Singapore? The conversation will likely traverse the , which seeks to mandate mediation for a wide array of disputes while carving out reasonable exceptions. The absence of robust enforcement mechanisms for mediated settlements, as opposed to , will also be a focal point, with both speakers likely to advocate for legislative clarity and institutional support.
The significance of this chat lies in its timing. As the Supreme Court itself grapples with pendency figures that now exceed 80,000 cases, the judicial leadership is acutely aware that only a cultural shift towards mediation can unburden the system. Justice Manmohan’s insights, drawn from the bench, and Virmani’s from the bar, will offer a 360‑degree view of the road ahead.
Untangling International Arbitration: Justice Sikri on Commercial vs. Treaty Disputes
International arbitration often appears as a single discipline, but the fault line between commercial and treaty‑based arbitration runs deep. Justice A.K. Sikri, a former Supreme Court judge who has since presided over numerous international arbitral tribunals, will dissect this distinction in a dedicated session.
His talk is timely. Indian parties are increasingly respondents in (BIT) claims, even as the government recalibrates its model BIT. At the same time, Indian companies engaged in cross‑border trade routinely find themselves in commercial arbitrations seated in London, Singapore or Dubai. Justice Sikri is expected to unpack how principles of , , and the differ markedly between the two regimes. For arbitration practitioners, the session promises clarity on drafting strategy, , and the peculiar defences available in — such as and the .
Beyond the doctrinal analysis, Justice Sikri’s experience will likely lend weight to the practical challenges: document production, witness preparation, costs, and the increasing use of — a topic that will also receive separate attention during the conference.
The Enforcement Dilemma and : Slicing the Gordian Knot
No conversation on arbitration is complete without grappling with the . The conference’s designated session will examine the Indian experience under the 1996 Act, particularly the narrow grounds available for resisting enforcement and the judiciary’s oscillating stance on .
The recent Supreme Court judgment in and the ongoing debate around have kept the enforcement landscape volatile. Practitioners anticipate that panelists will discuss how to navigate , the role of , and the efficacy of the in expediting enforcement petitions.
Equally compelling is the session on . Once a shadowy practice, funding is now openly accepted in jurisdictions like Singapore and Hong Kong, and the Indian arbitration community is slowly warming to it. The panel will likely probe ethical boundaries, , and the need for a . For litigants with genuine claims but scarce resources, could democratise access to justice — provided safeguards against and funder control are firmly in place. The conference’s examination of this topic, coupled with the , speaks to a holistic vision where ADR mechanisms complement rather than compete.
ADR, AI and Legal Technology: Justice Pratibha M Singh and J Sai Deepak’s Forward March
In an era where generative AI drafts contracts and predicts litigation outcomes, ADR cannot remain analogue. Justice Pratibha M Singh of the , known for her expertise and sharp technological acumen, will join in a fireside chat on ADR, artificial intelligence and legal technology.
Their session is poised to move beyond the hype. Justice Singh has presided over cases involving and , giving her a bench‑level view of technology’s intersection with dispute resolution. Senior Advocate Sai Deepak, a prolific voice on regulatory theory and innovation, will likely challenge the audience to consider both the efficiencies and the ethical perils of — from in to the posed by .
They may also explore how can streamline award enforcement through , and whether platforms can absorb the millions of low‑value e‑commerce disputes that courts are ill‑equipped to handle. The ’s own experiment with during the pandemic serves as a foundational precedent for such discussions. For law firms and in‑house teams, this conversation will signal where to invest in technology and training over the next five years.
Harmonising the Streams: Towards an Integrated ADR Ecosystem
Woven through the conference agenda is a bold, unspoken thesis: that mediation and arbitration need not operate in silos. The session on harmonisation promises to shatter the orthodox view that parties must choose either a consensual or an adjudicative path. Combining mediation with arbitration — , for instance — can preserve relationships while delivering finality. The success of such models in the and the provides a template that Indian institutions can adapt.
Harmonisation also implies doctrinal alignment. When an arbitral tribunal is empowered to encourage settlement, the line between the two forums blurs. This raises questions about , confidentiality, and the enforceability of . The conference’s ability to bring these threads together — through the insights of sitting and former judges, seasoned advocates, and technologists — could catalyse the next wave of legislative and institutional reform.
Broader Impact on Legal Practice and Policy
The International ADR Conference is not merely an academic affair. Its outcomes will ripple through Indian legal practice. Law firms may recalibrate their dispute‑resolution practices, building stronger mediation teams and investing in legal‑tech tools. In‑house counsel, often the gatekeepers of , will gain insights into drafting contracts that incorporate layered ADR mechanisms. Policy makers, including the and the , will find in the discussions a ready repository of comparative best practices.
For the judiciary, the conference underscores a critical message: judges must become more than passive enforcers of ADR — they must become its architects. Justice Surya Kant’s opening address will likely resonate as a call to arms for the entire legal ecosystem to embrace ADR not as an alternative, but as the primary mode of resolution for all suitable disputes.
Conclusion
As Delhi prepares to host this confluence of legal luminaries, the conference holds the promise of reshaping India’s ADR narrative. From the insights of Justice Kaul to the technological frontiers mapped by Justice Pratibha M Singh and J Sai Deepak, each session addresses a chink in the armour of current dispute‑resolution practice. The presence of Supreme Court judges at the helm sends an unequivocal signal: the courts are ready to champion mediation and arbitration, provided the bar, the academy and the legislature do their part. For the legal profession, ’s conference may well be remembered as the event where ADR in India stopped being a buzzword and began its evolution into a robust, integrated and future‑ready system.
