India’s Dispute Resolution Crossroads: Arbitration Fatigue, Investor Caution, and the Search for Certainty

India’s economic momentum is undeniable, but the legal machinery that underpins commercial certainty is facing renewed scrutiny. As investment flows deepen and cross-border deals expand, the way India handles business disputes is increasingly central to how global stakeholders perceive risk.

CDC September 11 2025

Arbitration, once championed as the efficient alternative to litigation, is showing signs of strain. Rising costs, fragmented practices, and long-drawn enforcement battles have forced many businesses to rethink its value. Delays in courts, inconsistent application of arbitration laws, and the absence of uniform standards across states have added layers of unpredictability.

At the same time, litigation remains slow and often misused as a tactical weapon. Commercial disputes frequently become tools to delay payments or stall projects, leaving businesses and consumers in prolonged limbo. The result is an environment where disputes are not just legal matters but strategic considerations that shape deal-making and corporate behaviour.

Against this backdrop, attention is turning to the promise of mediation and technology. Mandated mediation provisions are beginning to show results, but practical implementation varies widely. Meanwhile, in-house legal teams are experimenting with AI-driven tools for drafting and compliance checks, though the industry consensus is that more tailored, sector-specific solutions are needed.

The larger question is one of credibility. For India to project itself as an investor-friendly jurisdiction, dispute resolution must become faster, more affordable, and more predictable. Without systemic reforms, the risk is not just to businesses already operating in India but to the flow of new investments evaluating entry.

These themes will take centre stage at the Commercial Disputes Conclave 2025, to be held on Thursday, 11th September at The Grand, Vasant Kunj, New Delhi. Now in its fourth edition, the conclave brings together senior judges, policymakers, general counsels, law firm leaders, and global arbitration experts to address the structural challenges facing commercial law. The sessions will span the enforceability of foreign awards, institutional arbitration, the evolving role of mediation, and the impact of emerging technology on dispute resolution.

Speakers include voices like Attorney-General for India R. Venkataramani, Dr. Menaka Guruswamy, and general counsels from leading firms and corporations—such as NEC Corporation, Tech Mahindra, Junglee Games, Inshorts, GE Vernova, Ultrahuman, and Cube Highways—alongside partners and institutional experts from Trilegal, MCO Legals, AKS Partners, and Gravitas Legal. Across panels, the agenda spans enforcement reform, technology-enabled justice (AI, ODR), dispute resolution in non-metro regions, government tender reform, and emerging business risks like ESG and cybersecurity.

The event is supported by leading firms and organisations including Trilegal, Law Senate, MCO Legals, AKS Partners, Hammurabi & Solomon, Galadari Advocates and Legal Consultant UAE and Gravitas Legal, with S&A Law Offices as Knowledge Partner. Their involvement underscores the shared recognition that India’s dispute resolution framework must evolve in step with its economic ambitions.

For businesses, investors, and practitioners alike, the conclave is more than a knowledge platform—it is a rare opportunity to engage with the debates and decisions that will shape the country’s commercial law future. Register now.

  • Published On Aug 29, 2025 at 11:31 AM IST

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