CJI Surya Kant Advocates For Stronger India-Germany Institutional Partnerships in Commercial Arbitration

BERLIN — Chief Justice of India (CJI) Justice Surya Kant has called for stronger institutional cooperation between India and Germany to enhance the accessibility, predictability, and effectiveness of cross-border commercial arbitration.

Addressing the Indo-German Arbitration Conclave in Berlin on the theme “Exploring Bilateral Avenues for Efficient Commercial Disputes Resolution,” Justice Kant noted that the expanding economic relationship between the two nations will increasingly generate complex commercial disputes. These disputes span long-term supply arrangements, infrastructure projects, technology agreements, joint ventures, and cross-border investments.

Highlighting the value of arbitration, the CJI stated that commercial parties choose arbitration for neutrality, procedural flexibility, and greater certainty. However, he cautioned that the success of an arbitration agreement relies heavily on efficient arbitral institutions, capable arbitrators, and judicial systems that exercise restraint, intervening only when strictly necessary.

"An arbitration agreement is therefore more than a procedural clause in a contract. It represents a commitment to a method of resolving future disagreements," Justice Kant said. "That commitment can succeed only when the arbitral process is supported by efficient institutions, capable arbitrators, and Courts that intervene only where it is extremely necessary, without delaying or displacing the arbitral process."

The CJI outlined several regulatory and legislative reforms undertaken in India to strengthen the arbitration framework. He pointed to amendments made to the Arbitration and Conciliation Act in 2015, 2019, and 2021, which were designed to minimize judicial intervention, promote institutional arbitration, and improve overall operational efficiency.

Drawing on Germany's established experience, particularly the German Arbitration Institute (DIS), Justice Kant suggested that Indian entities such as the India International Arbitration Centre, the Mumbai Centre for International Arbitration, and the Nani Palkhivala Arbitration Centre should explore structured partnerships with their German counterparts.

To build institutional and professional capacity, the CJI proposed collaborative research, joint training programmes, and professional exchanges involving arbitrators, counsel, academics, and judges. He further emphasized the importance of substantive judicial dialogue addressing key operational areas, including interim relief, the enforcement of arbitral awards, and the public policy exception under the New York Convention.

In addition to institutional ties, Justice Kant advocated for the integration of technology—such as virtual and hybrid hearings, electronic evidence, and digital case management systems—to reduce associated costs and procedural delays while maintaining fairness.

Concluding his address, the CJI emphasized that the ultimate objective is to build mutual trust through sustained institutional partnerships, professional exchanges, and ongoing judicial engagement. He noted that the Berlin conclave serves as a continuation of the bilateral dialogue initiated in Chennai last year.

"As cross-border investments, technology agreements, and joint ventures continue to scale, robust mechanisms for resolving commercial disputes become critical for businesses operating internationally. The push by the Chief Justice of India for structured partnerships between Indian and German arbitral institutions highlights the growing necessity of predictable, tech-enabled, and institution-led dispute resolution. For businesses and startups engaging in international markets, dependable institutional arbitration minimizes operational risk and builds long-term economic trust." — Dr. Shishir Gupta, Founder & CEO, StartupLanes