CJI Surya Kant Highlights Six-Year Delay in Arbitration Council of India Formation
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TL;DR
- Chief Justice Surya Kant publicly addressed the six-year delay in constituting the Arbitration Council of India.
- The Council was provided for under a 2019 amendment but remains unimplemented.
- Kant hopes a new bill to formalize the Council will soon be brought before Parliament.
- He emphasized comprehensive ADR reform to advance India's credibility as an arbitration hub.
Overview
Chief Justice of India Surya Kant has publicly underscored the significant delay in the formation of the Arbitration Council of India, which was legislated in 2019 but remains unconstituted. Speaking at the Indian Institute of Arbitration and Mediation's silver jubilee summit in New Delhi, Kant urged for urgent legislative action and broader reform to bolster India's arbitration framework and global reputation.
What Happened
On July 11, 2026, CJI Surya Kant addressed the persistent six-year delay in establishing the Arbitration Council of India, an entity authorized by statute in 2019 to grade arbitration institutions and accredit arbitrators.
He delivered these remarks at the ADR Summit 2026, marking 25 years of the Indian Institute of Arbitration and Mediation, and highlighted that despite being legally mandated, the Council has yet to be operationalized.
Kant referenced the Draft Arbitration and Conciliation (Amendment) Bill, circulated for public comment in October 2024 based on the Viswanathan Committee recommendations, noting that it has not progressed beyond the consultation stage.
He expressed hope that a revised form of the bill will soon be introduced in Parliament, noting that the credibility of India's aspirations as a preferred arbitration seat is undermined by such implementation gaps.
He also called for a comprehensive overhaul of India's ADR framework, including improving mediator training and accreditation, increased use of mediation clauses in commercial contracts, and progress toward ratifying the Singapore Convention on Mediation.
Context
The Arbitration Council of India was created on paper through the Arbitration and Conciliation (Amendment) Act, 2019, intended to standardize and enhance the quality of arbitration institutions and arbitrator accreditation in the country.
India is seeking to position itself as a global hub for arbitration in part to help address the substantial backlog in traditional courts, with over 50 million pending legal cases nationwide.
Government departments and public bodies comprise a significant share of this docket, heightening the need for robust ADR mechanisms apart from conventional litigation.
Why It Matters
- The delay in constituting the Arbitration Council affects India's standing as an attractive seat for international arbitration and raises concerns about the implementation of statutory reforms.
- Effective operation of the Council is expected to improve institutional credibility, standardize arbitration practices, and help alleviate court backlogs.
- Broader ADR reform, as advocated by CJI Kant, is seen as critical to both local and international parties seeking reliable dispute resolution outside formal court systems.