London, June 5, 2025 

Speaking candidly at an International arbitration summit in London, Chief Justice of India B.R. Gavai outlined four fundamental changes he would make to India’s arbitration system “if he had a magical wand,” stressing the need for a more streamlined, fair, and inclusive arbitration ecosystem.

While maintaining his commitment to the Indian judiciary’s neutrality, CJI Gavai’s remarks carried a reformist tone as he addressed persistent issues plaguing arbitration in India from delays to lack of diversity. His statements were rooted in real concerns faced by litigants and practitioners alike.

1. Finality of Awards Must Be Respected

CJI Gavai strongly criticized the trend of prolonging arbitration through endless post-award litigation. “Once an arbitral award is delivered, it should mark the end of the process, not the beginning of fresh litigation,” he said. He proposed stricter limitations on the grounds for challenging arbitral awards, suggesting that finality should be a hallmark of the process unless there’s a blatant miscarriage of justice.

2. Institutional Arbitration as the Default Norm

Highlighting the inefficiencies in ad hoc arbitration, the Chief Justice called for a shift toward institutional arbitration. He argued that formal institutions bring credibility, procedural discipline, and accountability qualities often missing in informal arbitration setups. “We need to normalize institutional arbitration, not treat it as an alternative,” he added.

3. Tackling Procedural Delays and Dilatory Tactics

Justice Gavai did not mince words while addressing delays. “Speed is the promise of arbitration, but it’s often broken,” he remarked. He pointed to the growing tendency of parties to use procedural tools to slow down proceedings, urging arbitrators to be more proactive in case management. This includes strict timelines, penalties for non-cooperation, and limited adjournments.

4. Increasing Diversity in Arbitrator Appointments

In one of the most progressive statements of the day, CJI Gavai emphasized the need for broader diversity among arbitrators. “We cannot have a homogeneous pool deciding matters that affect a diverse nation,” he said. He advocated for inclusion of more women, younger professionals, and individuals from varied regions and legal backgrounds to enhance representational fairness and enrich the quality of decision-making.

A Vision Rooted in Urgency, Not Utopia

While his remarks were hypothetical, CJI Gavai’s “magical wand” metaphor carried weight his four reforms echoed what many practitioners believe are long-overdue changes. As India aims to position itself as a global hub for arbitration, such judicial endorsements could shape future policy and legislative developments.