BR Gavai, Chief Justice of India.
Indo-UK Arbitration Conference: London, UK – July 5, 2025 – The third edition of the International Conference on Arbitrating Indo-UK Commercial Disputes successfully concluded in London last week, bringing together legal luminaries and policymakers from both nations to discuss the future of dispute resolution in an increasingly interconnected global economy. The event underscored the shared legal heritage between India and the United Kingdom and highlighted opportunities for enhanced cooperation in building robust and efficient arbitration ecosystems.
The high-profile gathering saw the attendance of Chief Justice of India (CJI) B.R. Gavai, India’s Minister of State for Law and Justice (independent charge) Arjun Ram Meghwal, the UK Supreme Court’s Lord Michael Briggs, Indian Ambassador to the UK Vikram Doraiswami, and key figures from the Indian Council of Arbitration (ICA), including President Dr. N.G. Khaitan and Director General Arun Chawla. Barrister Karishma Vora, a member of the ICA International Advisory Committee, also participated.
A Shared Legal Foundation and Opportunities for Growth
CJI B.R. Gavai emphasized the strong legal synergy between India and the UK, noting that their shared legal heritage presents a unique opportunity to develop globally respected arbitration frameworks. He pointed to the UK’s leading arbitral institutions, such as the London Court of International Arbitration (LCIA), as models from which India can learn. “These institutions are known for their access to the most eminent arbitrators, efficient, flexible and impartial administration of arbitration and other alternative dispute resolution,” the CJI stated.
Justice Gavai further articulated that the UK, with its established reputation as a hub for commercial arbitration, and India, with its rapidly expanding economy and ongoing legal reforms, are well-positioned to deepen their cooperation in this critical domain. “By promoting dialogue, encouraging joint institutional initiatives and building confidence amongst businesses and practitioners, we can create a seamless dispute resolution environment that will help both India and the UK,” he affirmed.
Lord Michael Briggs, UK Supreme Court.
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Navigating Similarities and Differences in Arbitration Laws
Lord Michael Briggs of the UK Supreme Court provided a nuanced comparison of the statutory arbitration regimes in both countries. He noted that both are based on the UN Model Law and centered on 1996 Acts. However, he highlighted key distinctions: “the Indian Arbitration and Conciliation Act appears to have no real equivalent to the English Arbitration Act Section 69, which enables, unless precluded by the parties’ agreement, an appeal to the courts on a point of law, but only with leave and on stringent conditions which the commercial court rigorously applies.” Conversely, he observed that “the English Act has no exact equivalent to Section 34 of the Indian Act, which enables, among other things, an award to be set aside if it is in conflict with the public policy of India.”
Despite these differences, Lord Briggs underscored that both laws are “embedded in a shared fabric of the common law,” which has for centuries recognized the right to a fair hearing in court.
Lord Briggs also voiced concerns about the growing popularity of confidential arbitration in cross-border disputes. He warned that “if that trend continues and expands, then the common law may become impoverished, with all the real legal action taking place behind closed doors in arbitration centres and written down in confidential arbitration awards, rather than in open courts with publicly available judgments.” He suggested a solution: “unless a practice can be developed of arbitral awards being published in an appropriately redacted form.”
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Vikram Doraiswami India’s High Commissioner to UK.
FTA’s Role in Spurring Disputes and Legal Modernization
Indian High Commissioner to the UK, Vikram Doraiswami, highlighted the recently signed free trade agreement (FTA) between India and the UK as the most ambitious to date, opening up numerous service sectors in both countries. He candidly remarked, “Frankly, where you do more business, you will have more disputes.” He added that recognizing dispute resolution as a hallmark of democracies implies “more business for all of us.”
Doraiswami emphasized the “dramatic transformation and modernisation of India’s legal system over the last decade.” He concluded by stating, “We think the opportunity that is afforded by the transformation of India is today unique, because there is no other place in the world where so many millions of people are being lifted out of poverty and brought to prosperity in conditions of democracy than in India.”
Karishma Vora, Barrister, Essex Chambers, UK.
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Karishma Vora, Barrister at 39 Essex Chambers and a member of the ICA International Advisory Committee, underscored the strong trade ties and mutual respect between the legal systems of India and the UK. She cited the Malhotra & Malhotra case as an example of this comity, where an English High Court judgment was adopted by the Bombay High Court. “Wearing my hat, both as a counsel of the Bombay High Court and a barrister of England and Wales, I have not only benefited from this trade, but I am grateful for the comity that both nations and legal systems have shown to each other,” she shared. Vora also acknowledged the leadership of CJI Gavai and Lord Briggs in advancing commercial dispute resolution and noted the recent thrust in Indian legal reforms.
India’s Minister of State for Law and Justice, Arjun Ram Meghwal, echoed the sentiment of strong bilateral relations between India and the UK, calling the FTA a “historical milestone.” He expressed confidence that both countries can “set high standards for the way disputes are resolved” by working together to “build a framework which is fair and transparent and inspires business confidence on both sides.”
In his opening remarks, ICA Director General Arun Chawla reiterated the ambitious goal of the India-UK FTA: “to enhance bilateral trade to USD 120 billion by 2030.” He highlighted that this ambition is supported by greater services interoperability and increased professional mobility, particularly for legal professionals, with legislative reforms in both jurisdictions actively working to advance this vision.
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