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At the UK Supreme Court, Chief Justice of India Justice Surya Kant urged modern legal systems to shift from “forum convenience” to “process convenience,” positioning mediation as the next frontier of commercial justice while reaffirming the complementary role of courts and arbitration.
India’s growing trade ties, pro-arbitration judiciary, and legal reforms are opening new avenues for cross-border dispute resolution, with Dr. N. G. Khaitan at the ICA’s Indo-UK conference in London urging global businesses to see India not just as a commercial hub but as an emerging centre for arbitration.
India’s mediation tradition predates its legislation by millennia. England’s mediation culture was built by judicial pressure and adverse costs. At LIDW 2026, practitioners from both jurisdictions found more agreement than disagreement and a shared frustration with what arbitration has become.
EBC in collaboration with The Law Forum hosted a discussion on “Commercial Disputes Resolution — Challenges and Strategies.”
On 14-01-2025, the Indian Council of Arbitration (‘ICA’) launched its Rules of Commercial Mediation in a symposium titled ‘Mediation: A Critical Tool for Commercial Dispute Resolution’.
by Yogendra Aldak*, Pranav Mundra** and Rashi Srivastava***
by Dormaan Jamshid Dalal*