National 09 Jun, 2026

CJI Surya Kant bats for mediation, says arbitration facing procedural hurdles

Business To Business, New Delhi, 9^th June, 2026:  Surya Kant has emphasized that mediation is becoming an indispensable tool for resolving commercial disputes, arguing that it is no longer merely an alternative to litigation or arbitration but an essential mechanism for achieving timely and durable settlements.
Speaking at the Supreme Court of the United Kingdom, Justice Surya Kant delivered a lecture titled "Mediation, Arbitration and the Courts: Converging Trends in the Indian and English Approaches in Commercial Dispute Resolution."
The Chief Justice observed that international arbitration, long regarded as a preferred method for resolving cross-border commercial disputes, is increasingly encountering procedural challenges, including:

• Lengthy proceedings.
• Rising costs.
• Complex procedural requirements.
• Delays in enforcement and resolution.

Against this backdrop, he argued that mediation offers a more efficient and collaborative path to dispute resolution.
Calling for a change in mindset among businesses and legal systems, the CJI stated:
"The primary question for a modern corporation should no longer be where to litigate, but rather how to resolve."
The remark reflects a growing global trend toward prioritizing dispute resolution mechanisms that preserve business relationships and reduce the time and expense associated with prolonged legal battles.
Justice Surya Kant noted increasing convergence between Indian and English legal approaches in encouraging:

• Alternative dispute resolution (ADR).
• Court-supported mediation.
• Efficient case management.
• Reduced dependence on adversarial litigation.

Both jurisdictions have increasingly recognized the value of mediation in commercial and civil disputes.
Mediation is often favored because it:

• Is generally faster than court proceedings.
• Costs less than prolonged litigation or arbitration.
• Allows parties to maintain confidentiality.
• Encourages mutually acceptable solutions.
• Helps preserve commercial relationships.

India has been actively promoting mediation through legislative and judicial reforms aimed at making the country a more attractive destination for business and investment. The judiciary's support for mediation aligns with broader efforts to reduce court backlogs and improve the efficiency of dispute resolution.
The Chief Justice's remarks underscore a growing international consensus that successful commercial dispute resolution increasingly depends not only on legal rights and forums but also on finding practical, cooperative, and timely solutions.