India, MENA must embrace technology, strengthen institutions to handle modern commercial disputes: Justice Hima Kohli

Justice Hima Kohli of the Supreme Court of India recently highlighted the opportunity for India and the Middle East and North Africa (MENA) region to cement their roles as hubs of international arbitration in the coming decades..Justice Kohli said that both regions must ensure that they are well equipped to handle the complexities of modern commercial disputes by strengthening institutional framework, harmonising regional practices and embracing technological advancements"The journey towards 2030 presents an opportune moment for India and the MENA region to cement their roles as pivotal hubs of international arbitration for the coming decades. By strengthening institutional framework, harmonising regional practices, embracing technological advancements, both the regions must ensure that they are well equipped to handle the complexities of modern commercial disputes," she said.These efforts will not only enhance the efficiency and reliability of the arbitration processes but will also foster an environment conducive to international investment and economic growth, Justice Kohli added."As we navigate this transformative decade, the collective commitment of the governments, of the legal professionals and arbitration institutions will mark the century with unprecedented economic and business growth. While upholding the principles of fairness, of efficiency and minimal judicial interference, India and the MENA region can build a robust arbitration ecosystem that meets global standards," she further stated..The Supreme Court judge was speaking at a discussion on 'Arbitration in India and MENA region: Roadmap to 2030' at the London International Disputes Week (LIDW).Toby Landau KC of Duxton Hill Chambers, Amit Sibal SA of 3 Verulam Buildings, Dr Hamed Merah of Saudi Center for Commercial Arbitration (SCCA), Andrea Stauber of King & Spalding, Tariq Khan of International Arbitration and Mediation Centre (IAMC) Hyderabad and Shouvik Bhattacharya of King & Spalding were also on the panel..Responding to a question by Shouvik Bhattacharya on key areas where reforms are needed in Indian arbitration practice, Senior Advocate Amit Sibal opined that delays in the appointment of arbitrators should be looked into. He highlighted how parties often disagree over the appointments, leading to delays. To tackle this, he suggested a fixed timeline of not more than 30 days to appoint arbitrators. Further, he suggested neutralisation of areas of disputes that parties tend to raise when they challenge the jurisdiction of the arbitral tribunal, clarity on seat-venue distinction, safeguards to ensure that challenges do not stall arbitration proceedings, streamlining the arbitration process by relying less on the Civil Procedure Code (CPC) and the Evidence Act and more on modern rules on procedure.However, to succeed in the roadmap to 2030, the Bar and the Bench must have a mindset to enable and facilitate arbitration, he added."We can keep making recommendations but clever legal minds will always try to find loopholes. If we are to succeed in our plan in the roadmap to 2030 then there has to be a mindset among the Bar and the Bench to enable and facilitate arbitration," Sibal said..On a question about how the IAMC is bridging the gap between India and the MENA region, Tariq Khan cited the first-ever India-MENA summit in February 2024 and a business delegation sent to the International Chamber of Commerce (ICC) in Dubai where the IAMC hosted a session. He also mentioned a memorandum of understanding (MoU) with the Dubai International Arbitration Centre (DIAC)."India and MENA have a long way to go and they are the emerging hubs of arbitration and by 2030, will be the hubs of arbitration," he said..Toby Landau KC highlighted how Pakistan looks at Indian arbitration law to shape its own. He emphasized that what happens in India will impact what happens in Pakistan.This, he predicted, will give rise to a sub-culture of arbitration which is an opportunity for South Asia and the MENA region to develop what they want from arbitration."That may give rise, as we go towards 2030, to a subculture of arbitration. It's an opportunity for South Asia and the MENA region to develop what it wants from arbitration rather than simply to try and live up to and replicate what other countries want from this form of dispute resolution," he said..Andrea Stauber highlighted that given the boom in the construction of hospitals, schools, sports venues and museums happening in the MENA region and India, there will be a large number of construction disputes..Dr. Hamed Merah weighed in on what would help both regions to have a world-class alternative dispute resolution (ADR) system. According to him, the development of legislation to help the arbitration process, effective enforcement by the judiciary, governmental support, impartial institutions and practical training as well as awareness programs are crucial.