Four Things CJI BR Gavai Would Change In The Indian Arbitration Regime If He Were Given A Magical Wand

CJI BR Gavai recently expressed how he would make 4 major changes in the present Arbitration Regime in India, if he were given a magical 'wand'. 

The CJI was speaking at the LCIA International Arbitration Symposium in London. 

On being asked, "If you could wave a wand and change one thing about arbitration practice in India today, what would it be?"

The CJI focused his reply on 4 major aspects : 

(1) finality of arbitral awards, without prolonged litigation; (2) Institutional Arbitration as the compulsory option; (3) elimination of tactical delays in the arbitral proceedings and (4) increased diversity and inclusivity of arbitrators. 

The CJI explained the 4 aspects as the following : 

1. Finality means finality (Not arbitrate now, litigate forever after) - If I had a wand, I'd make 'final award' actually final - not a prelude to years of post award litigation. Arbitration is not meant to be the first lap of a marathon disguised as a sprint. The award should be the last word, not an invitation to round two in court, of course, except in those cases where there is manifest injustice. 

2. Institutional arbitration is the norm and not exception – I would grant institutional arbitration the mainstream seat it deserves - no more being the guest that's always invited but rarely served the main course. Institutions bring structure, credibility, and discipline - and it's time we stopped treating them like a backup plan.

3. Removal of delays and tactical stalling in arbitral proceedings – I would cast a spell on the dark art of delays - those tactical manoeuvres that stretch a 12-month timeline into an epic saga. Due process is vital, yes - but due process paranoia? That's where the problem lies. 

4. Diversity of arbitrators – I would expand the pool of arbitrators - because justice should not come from a closed club. Diversity is not just good optics; it is better outcomes.