Justice Surya Kant bats for India, Turkey to develop as arbitration hubs

Supreme Court judge Justice Surya Kant recently pitched for India and Turkey to evolve and develop as the new global hubs of alternative dispute resolution (ADR)..Justice Kant quoted from Turkish folklore to emphasise the importance of being empathetic to all parties in a dispute.The judge described an anecdote from the life of folklore character Nasreedin Hodja who had told a husband and wife separately that they were both right to resolve a dispute between the two."Though this story may seem paradoxical, it illustrates the value of empathy and perspective-taking in resolving conflicts by acknowledging differing viewpoints. It highlights the importance of understanding others' needs to prevent escalation and foster dialogue, which are crucial skills for a seasoned mediator. Let us remember that it can happen only in mediation that all the sides are right and you resolve the dispute without holding anyone to be wrong," Justice Kant said..Justice Kant was speaking at a one-day conference organised by the two countries on the Applications of Mediation and Arbitration on June 1.The Supreme Court judge said that India and Turkey share commitments to enforce foreign arbitral awards, a conducive commercial environment and cost-effective ADR.He also touched upon the two countries' profound historical and cultural bonds. "From the early diplomatic missions between Ottoman Sultans and Indian rulers to the cultural exchange reflected in language, cuisine, and philosophical traditions like Sufism, both nations boast a remarkable heritage marked by mutual influence and admiration. The linguistic connection further strengthens this bond, with over 9,000 words common between Hindi and Turkish, highlighting the depth of their cultural intertwining," he said. .India and Turkey are at the cusp of leading in the field of ADR, he further stated."India and Turkey stand poised for a seismic shift. Their strategic geographical placements, cost-effective legal systems, a resolute pro-arbitration judiciary and an investor-friendly business climate, signal an imminent challenge to an entrenched oligopoly. As India and Türkiye harness their potential, they not only promise to reshape the global ADR arena in the coming decades but also to redefine the very concept of International Commercial Mediation and Arbitration on a worldwide scale," he said.