5 days ago
India Debates Reducing Reliance on Foreign Arbitration Institutions
Indian companies often send business disagreements to arbitration centres outside India.
These centres are used because companies see them as neutral and predictable.
Justice Manmohan said India sent about 178 cases to one Singapore centre last year, but Indian lawyers received only about 31 tribunal positions.
Some legal experts think India should build stronger arbitration institutions at home.
India has already changed its arbitration law several times to make cases faster and fairer.
It has also created institutions such as the Delhi International Arbitration Centre.
The main challenge is making businesses trust Indian institutions.
Supporters say the goal should be professional and independent arbitration, not favoritism toward Indian companies.
Justice Manmohan said India contributed about 178 SIAC references but Indian lawyers received only around 31 tribunal seats last year.
Singapore, London and Hong Kong remain preferred arbitration seats because of neutrality, predictable procedures and limited judicial intervention.
Legal experts argue India must build internationally trusted arbitration institutions rather than continue exporting commercial disputes.
India has amended its arbitration law and expanded institutions such as the Delhi International Arbitration Centre.
The debate includes a recent Singapore judgment involving Tata Power, tribunal disclosures and third-party litigation funding.
- Who
- Indian companies, lawyers and arbitration institutions, including Justice Manmohan and Senior Counsel Tushad Cooper, are central to the debate.
- What
- India is debating whether to reduce its reliance on foreign arbitration centres and develop a globally trusted domestic arbitration system.
- Where
- The discussion took place at the India-Singapore Legal Bridge in Singapore and concerns arbitration in India and foreign centres including Singapore, London and Hong Kong.
- When
- Justice Manmohan raised the issue on August 28 during Singapore Convention Week 2026; the article also refers to SIAC references from the previous year.
- Why
- Indian legal professionals question whether India should continue exporting commercial disputes, while businesses currently prefer foreign centres because they trust their independence, professionalism and predictability.
Domestic Arbitration Advocates
Established Foreign Centres
Where disputes should be resolved
Domestic Arbitration Advocates
India should develop institutions trusted by Indian and global companies so the country does not continue exporting its commercial disputes.
Established Foreign Centres
Companies should continue choosing established foreign centres when they have greater confidence in neutrality, procedural certainty and professional administration.
What India must prioritize
Domestic Arbitration Advocates
Indian arbitration should become independent, transparent, accountable and professionally administered, without favoring Indian parties.
Established Foreign Centres
Foreign centres currently offer confidence in institutional independence, predictable procedures and limited judicial intervention, which businesses consider important when selecting an arbitration seat.
Key facts
- SIAC references from India
- About 178 last year
- Indian tribunal seats at SIAC
- Around 31 last year
- Event
- India-Singapore Legal Bridge
- Event date
- August 28, during Singapore Convention Week 2026
- Indian arbitration reforms
- Amendments to the Arbitration and Conciliation Act in 2015, 2019 and 2021
- Domestic institution cited
- Delhi International Arbitration Centre
- Foreign arbitration seats cited
- Singapore, London and Hong Kong
Quotes
Tushad Cooper
Senior counsel commenting on India's arbitration ecosystem
“This is not an argument for protectionism. Nor should Indian arbitration become an instrument for favouring Indian parties. The objective should be to create institutions that are so independent and professionally administered that neither side needs to worry about where the arbitrator comes from.”
deccanchronicle.com
“The issue is not whether foreign arbitration centres are good. The real question is whether Indian and eventually global companies trust India just as much. India cannot become an economic powerhouse while exporting its disputes.”
deccanchronicle.com
Sources
Related news
Gujarat Arbitration Conference Highlights Courts, Investment And GIFT City
CJI Criticizes Six-Year Delay in Arbitration Council Formation
India’s Chief Justice Seeks Stronger Judicial Cooperation Among BRICS Countries
Ahluwalia Urges Urgent Judicial and Labour Reforms
US appeals court upholds $565m award against ISRO's Antrix
CJI Surya Kant Links Justice Institutions To Sustainable Economic Growth
Bombay High Court Upholds Pre-2015 Unilateral Arbitrator Appointments If Allowed
Allahabad HC Bars Govt. Delay Concession in Arbitration
SC: Courts challenging arbitral awards frustrate arbitration purpose
High Court Rejects Municipal Waste Management Appeals
