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Home News Law & Politics

Justice Surya Kant has stated that the Permanent Court of Arbitration’s presence will attract more international arbitration cases to India.

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September 16, 2024
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Justice Surya Kant of the Supreme Court remarked that the establishment of a Permanent Court of Arbitration (PCA) office in India is expected to attract more international parties to select India as a preferred seat for arbitration. Speaking on Sunday, he emphasized that this development marks a significant step in India’s journey toward becoming a global hub for arbitration.

On May 13, the Central government and the PCA announced the opening of the PCA office at VK Krishna Menon Bhawan in New Delhi. The PCA, an intergovernmental arbitration body headquartered in The Hague, Netherlands, specializes in resolving international disputes involving states or private entities.

Justice Kant highlighted that the presence of the PCA in Delhi signals a paradigm shift, enhancing India’s appeal as a destination for international arbitration. “The establishment of a PCA office in India demonstrates the country’s growing reputation as a trusted venue for dispute resolution. This move will likely lead to more international parties choosing India as an arbitration seat, drawn by the credibility and expertise that PCA brings,” he noted.

He added that this development would not only enhance India’s international standing but also make arbitration more accessible to Indian businesses and individuals, eliminating the need for them to incur significant costs or deal with logistical hurdles to access PCA’s services abroad. “This is about both attracting foreign parties and making arbitration more convenient for Indian stakeholders,” he said.

Justice Kant was speaking at the valedictory ceremony of the ‘Conference on International Arbitration and the Rule of Law,’ organized by the Supreme Court of India in celebration of its 75th anniversary, coinciding with the 125th anniversary of the PCA.

He emphasized that arbitration is becoming the preferred mode of dispute resolution in India, thanks to growing infrastructure support, such as the formation of the Arbitration Bar of India (ABI). He also noted India’s strong commitment to international arbitration, highlighting that the country was one of the first ten signatories to the New York Convention and one of only six Asian nations to sign the Geneva Convention.

Justice Kant further underscored that arbitration is not a new concept for India, pointing to its deep historical roots in ancient adjudication processes. He expressed confidence that the PCA office in India will contribute to capacity building through training programs for arbitrators, counsel, and other stakeholders, which will further strengthen India’s domestic arbitration framework.

He concluded by stressing the importance of collaboration between international and domestic arbitration bodies to maintain the efficiency, cost-effectiveness, and accessibility of arbitration as a dispute resolution method

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