Chief Justice of India DY Chandrachud on Friday said that the UK and India share a strong legal relationship, based on shared history and values.
Speaking at the Supreme Court of the United Kingdom during the London International Disputes Week (LIDW) 2024, the CJI said that it was a distinct honor and privilege to lecture here on a topic having both contemporary and institutional relevance.
Speaking on the Law and Practice of Commercial Arbitration, he said he has studied with interest the erudite lecture by the Lord Chief Justice of England, Dame Sue Carr who dwelt on the shared learnings from mediation, arbitration and litigation.
Institutionally, India has replaced a regime of judicial interference with arbitration, with one that supports arbitration, recognizes party autonomy and structures the role of courts in facilitating arbitration.
He said the development of arbitration law in the two jurisdictions was a shared heritage. The present system of arbitration law is based on principles drawn from the common law and civil law.
The importance of arbitration was recognized by the founding parents of the Indian Constitution. Article 51 exhorts the State to “encourage settlement of international disputes by arbitration.”
India had a culture of arbitration and mediation for centuries. Then, it was primarily a system of dispute settlement by village elders.
The Arbitration Act of 1698 drafted by John Locke and passed by Parliament with minor amendments, laid down the framework of modern arbitration law. It allowed private individuals to enter into arbitration agreements and enforce awards with the assistance of courts.
Importantly, it precluded the courts from interfering with arbitral awards except when they were procured by corruption or undue means. However, the culture of commercial arbitration in England predates the Act of 1698, he added.