Solicitor General Mehta Emphasizes Rule of Law in Indian Arbitration at London International Disputes Week

Solicitor General of India (SG) Tushar Mehta recently presented a strong stance on the implementation of the rule of law in Indian arbitration at a session during the London International Disputes Week (LIDW). Amidst notable speakers such as justices from the Supreme Court of India and the High Court of England and Wales, SG Mehta emphasized the robust architecture of the Arbitration Act that ensures adherence to the rule of law.

Mehta highlighted that parties engaging in arbitration in India have avenues to address any violations of rights through Constitutional courts, underscoring the importance of timely resolution to prevent prolonged disputes. Despite being a government lawyer, Mehta expressed pride in India’s rule of law implementation, noting instances where rulings favored the opposing party, reflecting the impartiality of the legal system.

During the panel discussion, Mehta debunked notions of government favoritism in Indian arbitration cases involving foreign investors, asserting that the process is party-driven with minimal scope for bias. Addressing recent legal precedents like the Delhi Airport Metro Express Pvt Ltd (DAMEPL) v. Delhi Metro Rail Corporation (DMRC) Limited case, where an award was set aside, Mehta clarified that such instances are rare and should not be viewed as setbacks for international arbitration in India.

Another speaker, Shashank Garg, discussed the role of the recently established Arbitration Bar of India (ABI) in unifying arbitration practitioners and enhancing legal guidelines in the country. Garg emphasized the need for Indianized versions of international best practices to streamline arbitration processes and uphold consistency.

The talk also touched on the evolving regulatory measures in Indian arbitration, such as the inclusion of fraud and corruption as grounds for challenging arbitral awards post the 2019 amendments to the Arbitration Act. Mehta reassured the competence and integrity of Indian judges in handling arbitral disputes, highlighting their ability to set aside awards if a compelling case is presented.