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Hindustan Times
5 days ago
- Business
- Hindustan Times
CJI Gavai hails decision to allow foreign lawyers to practise in India
Chief Justice of India (CJI) Bhushan R Gavai on Thursday welcomed the Bar Council of India's (BCI) decision to allow foreign lawyers and law firms to practise foreign law in India, terming it a crucial step in opening up India's legal ecosystem to global best practices and elevating the country's status as an international arbitration hub. Delivering the keynote address at the 3rd Edition of the International Conference on 'Arbitrating Indo-UK Commercial Disputes' in London, CJI Gavai said: 'The decision of the Bar Council of India will provide a pathway to introduce global best practices in the Indian arbitration ecosystem which will be effective in increasing the overall quality of arbitration in India.' The CJI was referring to the BCI's notification on May 14 this year, that formally brought into effect the rules for the registration and regulation of foreign lawyers and foreign law firms in India. These rules permit foreign lawyers to practise only non-litigious matters involving foreign law, international law and arbitration, especially in cross-border and commercial disputes. 'Foreign lawyers may participate in international commercial arbitration conducted in India, provided such arbitration involves foreign or international law, thereby promoting India as a viable destination for international arbitration without compromising the rights of Indian legal professionals,' he said. Until this regulatory change, foreign lawyers were barred from practising in India unless they met the stringent requirements under the Advocates Act, 1961. Even non-litigious work was largely off limits unless done through the narrow 'fly-in, fly-out' channel. The CJI noted that the legal and business communities of India and the UK were growing increasingly interconnected. 'This strong camaraderie is well-positioned to foster the expansion of the arbitration ecosystem in both countries in the near future,' he added. Justice Gavai further emphasised that India's aspiration to become a preferred venue for international arbitration required more than just legal infrastructure: 'It is not an overstatement to say that for India to become a leading hub for international commercial arbitration, the international arbitration community must have access to high-quality, independent and impartial arbitrators, both as a matter of fact and of perception,' he said. Highlighting the need for robust institutional support, CJI Gavai pointed to India's recent growth in home-grown arbitration centres such as the Delhi International Arbitration Centre (DIAC), Mumbai Centre for International Arbitration (MCIA), the India Arbitration and Mediation Centre in Hyderabad, and the Nani Palkhivala Arbitration Centre. He also cited the central government's 2019 move to establish the India International Arbitration Centre in New Delhi. 'These centres strive for professionalism, efficiency, transparency, and impartiality in arbitral proceedings by providing high quality of arbitral services and by maintaining panels of accredited arbitrators both at national and international level,' he said. The CJI acknowledged that India had much to learn from the UK's experience. 'India can learn extensively from the United Kingdom, which has some of the world's leading arbitral institutions here in London such as the London Court of International Arbitration (LCIA)…These institutions are known for their access to the most eminent arbitrators, efficient, flexible, and impartial administration of arbitration and other alternate dispute resolution proceedings,' he added. Stressing the finality and certainty of arbitral awards as a core strength of international arbitration, the CJI said, 'The finality of an arbitral award is the most crucial aspect in international commercial arbitration. It ensures that once an award is rendered, it is conclusive and binding on the parties involved, providing them with certainty and closure.' The BCI's 2025 notification builds on its earlier 2023 framework, which had laid the groundwork for regulating foreign legal practice while protecting the interests of Indian lawyers. It introduces a reciprocity-based model that also allows Indian law firms and advocates to register as foreign legal consultants in jurisdictions abroad without giving up their rights to practise Indian law domestically. To ensure oversight and prevent unfair competition, the rules impose strict registration and renewal norms, including documentation on legal qualifications, no-objection certificates, and declarations of compliance. The move is being seen as part of India's effort to modernise its legal services market.
United News of India
5 days ago
- Business
- United News of India
Law Minister Meghwal presents India's vision to become global arbitration hub at ICA London
New Delhi/ London, June 5 (UNI) Union Law Minister Arjun Ram Meghwal laid out India's roadmap to becoming a global hub for arbitration and dispute resolution at the 3rd International Conference on 'Arbitrating Indo-UK Commercial Disputes'. The conference was hosted by the Indian Council of Arbitration (ICA) at Church House Westminster, London, during the London International Disputes Week 2025. The event brought together senior dignitaries and legal experts from both India and the UK, including Chief Justice of India BR Gavai (inaugural address), Lord Briggs of Westbourne, Judge of the UK Supreme Court (keynote address) Vikram Doraiswami, High Commissioner of India to the UK (special address), Justice Hima Kohli, Supreme Court of India, Harish Salve KC, Senior Advocate and International Arbitrator, Sujit Ghosh, Deputy High Commissioner of India to the UK, Arun Chawla, Director General, ICA, Geeta Luthra, Senior Advocate and Vice President, ICA, Dr NG Khaitan, President of ICA and Senior Partner at Khaitan and Co., and Karishma Vora, Barrister at 39 Essex Chambers, London and Member of the ICA International Advisory Committee. Minister Meghwal underscored the importance of institutional arbitration, legislative reforms, and strategic global partnerships, as essential to strengthening investor confidence and boosting India's global economic standing. He noted that India's commitment is aligned with Prime Minister Narendra Modi's Viksit Bharat 2047 vision. Key initiatives highlighted include, Amendments to the Arbitration and Conciliation Act (2015, 2019, 2020) to ensure time-bound, confidential, and impartial processes. Formation of the Arbitration Council of India to promote institutional mechanisms. Abolition of automatic stay on arbitral awards. Promotion of mediated settlement and hybrid dispute resolution models. The Minister emphasized that mainstreaming arbitration and mediation will reduce pendency in Indian courts by diverting commercial disputes to faster, cost-effective forums. He pointed to the National Mediation Conference held in May 2025 in New Delhi addressed by the President of India as a significant step in institutionalizing mediation. "Clean, reliable, and cost-effective systems of dispute resolution are essential for India's growth as a global business hub," said Meghwal, adding that cooperation with countries like the UK and US will drive innovation and trust in legal systems. By aligning arbitration norms with international best practices and encouraging diversity in arbitrators, India aims to create a dispute resolution regime that is fair, transparent, and globally respected. The Indo-UK conference fostered legal and commercial ties between the two democracies and reinforced India's position as an emerging leader in international arbitration. Legal experts from both countries agreed that stronger arbitration frameworks will accelerate bilateral trade, especially following the India-UK Free Trade Agreement signed in May 2025, projected to double trade to $120 billion by 2030. The conference concluded with a strong call for continued collaboration, setting the tone for arbitration to become the default mechanism in commercial dispute resolution, relieving court burden and enhancing India's global legal stature. UNI SNG RN
India Gazette
5 days ago
- Business
- India Gazette
ICA conference reaffirms arbitration's central role in cross-border dispute resolution across India-UK economic corridor
New Delhi [India], June 5 (ANI): The Indian Council of Arbitration (ICA) organised the 3rd edition of its International Conference on 'Arbitrating Indo-UK Commercial Disputes' during the London International Disputes Week (LIDW) 2025, where Chief Justice of India (CJI) Justice Bhushan Ramkrishna Gavai recapitulated the huge potential of growth in the India-UK economic corridor, aided by a robust cross-border commercial dispute resolution mechanism. The symposium laid emphasis on 'Synergising India UK Arbitration Practices' with dedicated panel discussions on 'Hybrid Dispute Resolution Models in Indo-UK Commercial Conflicts' and 'Bridging Dispute Resolution Mechanisms in India-UK to Enhance Trade & Investment,' according to the Ministry of Law and Justice. In a packed hall of legal luminaries and other stakeholders, Justice Bhushan Ramkrishna Gavai, Chief Justice of India, inaugurated the Conference by delivering the inaugural address. 'The very foundation of the concept of arbitration and mediation can be found in Indian traditional values, where disputes were referred to the elders of the village. As India continues to solidify its position as a major player in the world economy, the significance of arbitration institutions is becoming increasingly important in enhancing India's standing as a hub for arbitration,' CJI said. Arjun Ram Meghwal, Union Minister of Law & Justice, while delivering the keynote address, highlighted that 'Our Prime Minister Narendra Modi, at the 'National Initiative towards Strengthening Arbitration and Enforcement ' concluded in India, organised on October 23, 2016, has highlighted the importance of ADR. Hence, there was a need to simultaneously facilitate a vibrant ecosystem for alternate dispute resolution, including arbitration, mediation and conciliation. This will provide additional comfort to investors and business. More importantly, it will also ease the case load on Indian Courts'. During the inaugural session, the Rt Hon Lord Michael Briggs of Westbourne, Judge Supreme Court of the UK, stated in his keynote address that 'The statutory arbitration regimes in India and the UK are similar yet also different. In both, the statutory regime is embedded in our shared fabric of common law, which has for centuries recognised the right to a fair hearing in court. The recent signing of the India-UK FTA and the enhanced cooperation in terms of arbitral frameworks, replacing the mechanism of litigation for commercial dispute resolution, holds the potential to enhance the bilateral economic relations in times that come'. Vikram K Doraiswami, High Commissioner of India to the United Kingdom, in his special address highlighted 'The India-UK FTA is India's most ambitious FTA to date. It isn't just about the figures; it opens up government procurements on equal footing with British companies and spans a range of services and sectors to let both our countries benefit. The growth of commerce invites the growth of disputes unavoidably. However, eventually an efficient and effective dispute resolution is what will enhance innovation & private sector ingenuity, aiding the growth of commerce across the jurisdictions. In his welcome address, NG Khaitan, President, ICA & Senior Partner, Khaitan & Co highlighted, 'The Indian arbitral landscape is pro-arbitration which heightens investor confidence making India a preferred destination for international commercial dispute resolution. The New India is most cost effective and with best of arbitrators and mediators to aid commercial dispute resolution. Between 2016 & 2025, India mediated 7,57,000 through mediation in Lok Adalat, highest globally. This shows the reliability and trust the institution has garnered'. Arun Chawla, Director General, ICA and former DG FICCI, in his opening remarks underscored that, 'The base and promise of the India-UK Free Trade Agreement (FTA) is unmistakable: to enhance bilateral trade to USD 120 billion by 2030. This ambition is supported by greater services interoperability and increased professional mobility, especially for legal professionals, which holds particular significance. Legislative reforms in both jurisdictions are working tirelessly to advance this vision.' Karishma Vora, Barrister 39 Essex Chambers, London & Member of the ICA International Advisory Committee delivered the vote of thanks, emphasising the commonalities of dispute resolution in the UK & India within the India-UK economic corridor. ICA is one of the oldest arbitral institution in India, established in 1965 with prominent co-founders Government of India & FICCI (India's apex & largest chamber for commerce and industry) among others. We have been a trailblazer in institutional arbitration with highest adjudication rate of arbitration matters in India. Annually, the ICA adjudicates claims exceeding Rs 4000 crores (approximately USD 470 million), highlighting its significant role in dispute resolution. In addition to its role in spearheading institutional arbitration in India, ICA also has role in propagating and popularizing idea of ADR mechanisms, of disseminating information and educational material concerning arbitration processes and law. (ANI)
United News of India
5 days ago
- Business
- United News of India
CJI Gavai champions cross-border legal synergy at ICA London conference
New Delhi / London, June 5 (UNI) Chief Justice of India Justice B R Gavai inaugurated the third International Conference on 'Arbitrating Indo-UK Commercial Disputes: Synergizing India–UK Arbitration Practices' in London on Thursday. The high-level event, hosted by the Indian Council of Arbitration (ICA) during London International Disputes Week, brought together legal luminaries, judges, policymakers, and commercial dispute resolution experts from both nations to strengthen ties in arbitration and mediation. Delivering the inaugural address, CJI Gavai remarked, 'India and the United Kingdom share a rich history, bound by the tradition of arbitration and mediation rooted in our common law heritage.' The conference was also addressed by Union Minister of Law and Justice Arjun Ram Meghwal, Lord Michael Briggs, Judge of the UK Supreme Court, Justice Hima Kohli, Supreme Court of India, Vikram Doraiswami, High Commissioner of India to the UK, and eminent lawyers including Harish Salve KC and Geeta Luthra, Vice President of ICA. CJI Gavai reflected on India's arbitration journey, invoking Mahatma Gandhi's commitment to mediation as foundational. 'Disputes are inevitable. What defines a strong commercial relationship is our commitment to resolve them efficiently,' he stated. He emphasised India's progress through amendments to the Arbitration and Conciliation Act (notably 2019), the establishment of the Arbitration Council of India, and the 2024 Bill proposing emergency arbitration and appellate tribunals. He lauded the UK's 2025 reforms in its Arbitration Act, promoting summary disposal and legal clarity. Justice Gavai drew from key Indian rulings, including BALCO, Vijay Karia, Amazon versus Future Retail and Gayatri Balasamy, to emphasise judicial minimalism and finality in arbitration. He noted, 'When arbitral awards are upheld without unnecessary interference, it enhances predictability, business trust, and investor confidence.' The CJI praised the growth of Indian institutions like DIAC, MCIA, and IIAC, while commending LCIA's role as a global benchmark. He stressed the importance of collaboration between Indian and UK arbitration bodies to raise global standards. Justice Gavai applauded the adoption of Online Dispute Resolution (ODR) and hybrid systems such as Arb-Med-Arb. He called the Bar Council of India's recent move to allow foreign lawyers to advise on arbitration in India a 'landmark reform' that balances global openness with domestic integrity. CJI Gavai humorously outlined four transformative reforms he would introduce with a "magical wand". 'If I Had a Wand…,' CJI said, "I would make four reforms for India's Arbitration Regime." Finality of Arbitral Awards – Arbitration must be the final word, not an invitation for years of litigation. Mainstream Institutional Arbitration -- The Arbitration centres should be the norm, not an exception. Elimination of Delays -- Procedural fairness should not become a tool for tactical stalling. Diversity in Arbitrators -- The arbitrator pool must reflect varied perspectives and backgrounds for better outcomes. Chief Justice Gavai concluded by affirming India's unwavering commitment to becoming a preferred global seat for arbitration. He said, 'As India and the UK grow increasingly interconnected in commerce and law, our shared democratic values and legal traditions provide a strong foundation for a unified, efficient, and trustworthy dispute resolution system.' The conference echoed a resounding call for legal harmonisation, technology-driven arbitration, and cross-border cooperation with the shared goal of easing court pendency and bolstering investor confidence through strong alternative dispute resolution mechanisms. The event brought together senior dignitaries and legal experts from both India and the UK, including Chief Justice of India B R Gavai (inaugural address), Lord Briggs of Westbourne, Judge of the UK Supreme Court (keynote address), Vikram Doraiswami, High Commissioner of India to the UK (special address), Justice Hima Kohli, Supreme Court of India, Harish Salve KC, Senior Advocate and International Arbitrator, Sujit Ghosh, Deputy High Commissioner of India to the UK, Arun Chawla, Director General, ICA, Geeta Luthra, Senior Advocate and Vice President, ICA, Dr N G Khaitan, President of ICA and Senior Partner at Khaitan and Co, and Karishma Vora, Barrister at 39 Essex Chambers, London and Member of the ICA International Advisory Committee. UNI SNG SS
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Business Standard
5 days ago
- Business
- Business Standard
India aims to be global arbitration hub with strong legal framework: CJI
Chief Justice of India B R Gavai on Thursday said India has continuously aspired to become a hub of international arbitration by building a progressive legislative framework, a pro-enforcement judiciary and robust institutional support. In his keynote address on "Arbitrating Indo-UK Commercial Disputes" as part of the London International Disputes Week, the CJI said India and the United Kingdom shared a rich history, bound by a common legal heritage rooted in the principles of common law. He referred to the July 2018 memorandum of understanding signed between India and the United Kingdom for cooperation in the area of law and justice and said it has enhanced the engagement between the two countries and paved the way for greater collaboration and exchange of expertise across areas including the rule of law, dispute resolution, training and legal services resolution. "Speaking as the Chief Justice of India, I state that India has continuously aspired to become a hub of international arbitration by building a progressive legislative framework, a pro-enforcement judiciary and robust institutional support," he said. CJI Gavai highlighted that this bond between India and the UK was further strengthened by the signing of a Free Trade deal between the two nations this year -- a step that would significantly enhance bilateral trade and economic cooperation. "The United Kingdom, with its established reputation as a hub for commercial arbitration, and India, with its expanding economy and legal reforms, stand poised to deepen cooperation in this critical domain. By promoting dialogue, encouraging joint institutional initiatives, and building confidence among businesses and practitioners, we can create a seamless dispute resolution environment that benefits both jurisdictions," he said. He added as any form of commercial activity, disputes were an inevitable part of the process but what truly mattered was not the existence of these disputes, but the capacity and commitment to efficiently resolve them. "The manner in which we address and settle conflicts is what defines the strength and resilience of our commercial relationships," he said. He said such a framework ensured that disagreements did not undermine trust or hinder progress and instead turned into an opportunity for constructive engagement, promoting long-term cooperation and stability in business interactions. "One such mechanism is international commercial arbitration. In light of the expanding trade and investment flows between India and the UK, the need for an effective, reliable, cost efficient, and timely dispute resolution process has never been more pressing," the CJI said. Referring to the statutes, CJI Gavai said the current legislations regarding arbitration in both India and the United Kingdom were enacted around the same time period with similar provisions focusing on party autonomy, choice of jurisdiction, independence of arbitrators, and finality of the arbitral awards. "Both countries have a single legislation for arbitration that governs both international and domestic arbitration procedures. These legislations have been used by the parties and interpreted by the courts for more than two decades now," he said. He, as a result, underscored the importance to learn from each other's experience and adopt the best possible practices to promote a business-friendly environment for both countries. He said it wouldn't be an "overstatement" to say that for India to become a leading hub for international commercial arbitration, the international arbitration community must have access to high-quality, independent and impartial arbitrators, both as a matter of fact and of perception. "As with India's potential to be an international arbitration hub, there is huge potential for Indian lawyers to become arbitrators that are in demand across the globe. However, this potential is, as yet, unrealised," the CJI pointed out. Courts in India, he continued, have been making a conscious effort to ensure that for arbitral proceedings, the best candidates were chosen, keeping in mind the subject matter of the dispute, amount in dispute, arbitrator's expertise and availability and the requirements of the parties. "Concluding this discourse on arbitrating Indo-UK commercial disputes, it can be said that the synergy between our two nations, rooted in a shared legal heritage and mutual economic interest, presents a unique opportunity to build a robust, efficient, and globally respected arbitration ecosystem," he said. India's evolving arbitration framework, the CJI said, reflected a strong commitment to aligning with international best practices, promoting institutional arbitration and ensuring judicial support that was "facilitative" than being "interventionist". The CJI referred to the decision of the Bar Council of India to notify rules for the registration and regulation of foreign lawyers and law firms in India, underlining its positive affect on the resolution of international commercial disputes.
