CJI Surya Kant Woos French Investors with India's Arbitration-Friendly Legal Framework
In a significant diplomatic and economic outreach, Chief Justice of India Surya Kant has made a compelling pitch to French industrialists and business leaders, urging them to invest in India by highlighting the country's Supreme Court-backed, trade-friendly legal system. This appeal comes just days after India and the European Union finalized a landmark trade agreement, often referred to as the 'mother of all trade deals,' setting the stage for enhanced economic cooperation.
Addressing Global Uncertainty with India-France Partnership
Speaking at an event organized by the Indo-French Chamber of Commerce and Industry and the Paris Bar Association, CJI Kant addressed the current volatile global business environment. He pointed to the arbitrary import tariffs imposed by the United States on various nations as a key source of instability, stating, "Today, we face a world transformed by uncertainty."
"The forces of disruption and geopolitical tension threaten to destabilise the very framework of international cooperation. In such a world, France-India partnership is not a luxury, it is a lifeline," he emphasized, underscoring the strategic importance of bilateral ties in navigating economic challenges.
Clarity and Security in India's Legal Ecosystem
CJI Kant assured foreign enterprises that India's legal framework offers clear and reliable mechanisms for dispute resolution. He outlined a straightforward process for businesses engaging with Indian counterparts: "All that one would have to do is draft well-defined arbitration clauses, select reputable institutions or neutral seats if appropriate and trust that India’s courts will respect the sanctity of arbitral agreements and awards."
He further explained that the Supreme Court of India acts as a robust safety net, protecting foreign companies from biased arbitral decisions. "SC has made it clear that while arbitral autonomy must be respected, the judiciary cannot relinquish its supervisory role when natural justice is at stake," he noted.
Minimal Judicial Intervention and Pre-Litigation Mediation
Detailing the Supreme Court's approach, CJI Kant described a "calibrated approach of minimal judicial intervention" where the court serves as a guardian of credibility. This means domestic awards can be set aside only in cases of proven bias, corruption, or serious procedural deficiencies, ensuring fairness without unnecessary interference.
Additionally, he highlighted India's emphasis on pre-litigation mediation as a global best practice. "This approach reflects global best practice: to resolve differences before they ripen into full-fledged litigation, preserving business relationships and reducing strain on judicial systems," he said, promoting a collaborative and efficient resolution process.
This initiative aligns with India's broader efforts to attract foreign investment by showcasing its reformed and transparent legal infrastructure, particularly in the wake of major international trade agreements.
