New Delhi: The Chief Justice of India Surya Kant on Friday said the country is being viewed as a fair jurisdiction where international commerce disputes not just arise but can also be resolved efficiently, fairly and with global credibility.
Speaking at an international conference organised by the Supreme Court and the Ministry of External Affairs to commemorate the 60th anniversary of the United Nations Commission on International Trade Law (UNCITRAL), the CJI lauded its efforts in shaping the legal architecture upon which contemporary international trade now rests.
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He said UNCITRAL was entrusted with an ambitious responsibility of not replacing national legal systems but building bridges between them.
"Increasingly, India is being viewed as a fair jurisdiction where international commerce disputes not just arise but can also be resolved efficiently, fairly and with global credibility," the CJI said.
He added that equally significant has been the work of the UNCITRAL National Coordination Committee for India. Through sustained engagement with the UNCITRAL's working groups, contributions to the Case Law on UNCITRAL Texts (CLOUT) programme, dialogue with stakeholders and collaboration across institutions, the Committee has strengthened India's participation in the continuing development of international trade law.
"From international sales and arbitration to mediation, electronic commerce, insolvency, secured transactions, and digital trade, UNCITRAL has quietly shaped the legal architecture upon which contemporary international commerce now rests," he said.
Among those present in the conference were officials from UNCITRAL, Union Minister for External Affairs Dr S Jaishankar, Law Minister Arjun Ram Meghwal and Attorney General R Venkataramani, who addressed the gathering.
Judges of the apex court, Delhi High Court and officials from the United Nations (UN) also attended the programme in large numbers.
In his address, CJI Kant said commerce has never travelled alone and has always journeyed alongside trust, fortified by the robust legal frameworks and the rule of law.
He said that as UNCITRAL's 60th anniversary is being commemorated, not only an institution is being celebrated but also an idea that has accompanied commerce across the centuries is being reaffirmed. It is the idea that prosperity flourishes where certainty prevails, where differences are resolved with fairness and where the rule of law provides a common language across nations.
He added that UNCITRAL has performed an invaluable role not only in bringing global developments to India, but also in ensuring that India's experience, perspectives and jurisprudence contribute meaningfully to the evolution of international legal norms.
The CJI said India's arbitration ecosystem has undergone a remarkable evolution and new institutions have emerged, established centres have expanded their international engagement and the legal framework governing commercial dispute resolution has continued to mature through legislative refinement and judicial interpretation.
"Mediation and arbitration, by contrast, offer parties neutral, flexible and internationally enforceable mechanisms for dispute resolution. It is for this reason that they have emerged as indispensable pillars of the modern international trading system," the CJI highlighted.
He added that the enduring success of arbitration and mediation ultimately rests upon the confidence inspired by the rule of law.
"Courts do not stand in opposition to consensual dispute resolution, nor do they compete with arbitral tribunals. Rather, they provide the constitutional and legal foundation upon which both flourish," CJI Kant said.
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