India not yet a preferred arbitration seat, cultural shift needed across judiciary and bar: Justice Manish Pitale

Bombay High Court Justice Manish Pitale offered a candid assessment of the Indian commercial dispute resolution landscape, stating that India has not yet achieved recognition as a preferred global arbitration seat among international investors. Speaking at an international commercial arbitration summit, Justice Pitale observed that despite legislative amendments and modern arbitral infrastructure, persistent judicial intervention and protracted post-award enforcement challenges continue to deter international commercial parties from selecting Indian arbitral venues.

Justice Pitale stressed that transforming India into a premier arbitration destination like London or Singapore requires a fundamental cultural transformation across both the judiciary and the practicing Bar. He urged commercial judges to practice strict non-interference with arbitral awards unless patent illegality or jurisdictional fraud is convincingly proven. Additionally, he called upon senior advocates to prioritize streamlined institutional arbitration over ad-hoc proceedings, noting that timely dispute resolution is critical for bolstering investor confidence and facilitating cross-border commercial investment.

 

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Sources:

https://www.barandbench.com/news/india-not-yet-a-preferred-arbitration-seat-cultural-shift-needed-across-judiciary-and-bar-justice-manish-pitale

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