Supreme Court Justice Manmohan Highlights Concerns Over Arbitration Mirroring Court Proceedings in India
TL;DR
- Justice Manmohan notes that arbitration in India is replicating court-like formalities and costs.
- The original informality and cost-effectiveness of arbitration are at risk.
- Calls made for systemic debate, engagement, and reform in dispute resolution approaches.
- Event discussion emphasized greater use of mediation and need for affordable justice.
Overview
At a recent legal conclave, Indian Supreme Court Justice Manmohan voiced concerns that the current conduct of arbitral proceedings in India is increasingly resembling traditional court litigation. He stressed the importance of returning to arbitration's intended informality and cost-effectiveness, and called for introspection, reform, and increased engagement with both academia and international best practices in dispute resolution.
What Happened
At the 2026 Legal Conclave & Awards Ceremony organized by the Society of Indian Law Firms (SILF) and the Society of Legal Professionals (SLP), Supreme Court Justice Manmohan discussed the evolving nature of arbitration in India.
Justice Manmohan pointed out that arbitral proceedings are adopting the formality, processes, and rising costs characteristic of court litigation, undermining arbitration's original informal and inexpensive intent.
He questioned whether arbitration, originally devised as an alternative to cumbersome court litigation, had itself become a source of inefficiency due to these changes in practice.
Other speakers, including Additional Solicitor General Chetan Sharma and SILF President Lalit Bhasin, also called for enhancing mediation and focusing on making justice delivery more accessible and affordable.
Context
Justice Manmohan's remarks come against a backdrop of rising concerns in India regarding backlog and delays in both courts and arbitration, as well as increasing arbitration costs.
India has undertaken several reforms aimed at strengthening its arbitration and ADR ecosystem, but practitioners and jurists increasingly note that the procedural formalities of arbitration too often mirror those of judiciary, limiting its benefits.
Why It Matters
- Concerns raised by Justice Manmohan reflect ongoing doubts about arbitration's ability to serve as an efficient and affordable alternative to litigation in India.
- Persistent procedural formalities and rising costs threaten to undermine arbitration's core advantages, potentially impacting its effectiveness as a dispute resolution mechanism.
- The emphasis on mediation and systemic engagement suggested at the conclave may influence future reforms in India's ADR landscape.