Does India need a separate Act for international arbitration? Justice Hima Kohli and Gary Born weigh in at LIDW

During the London International Disputes Week, Supreme Court Justice Hima Kohli and American arbitrator Gary Born discussed the role of precedents and the need for separate legislation for domestic and international arbitration. \r

Justice Kohli emphasized the importance of facts in applying precedents, stating that precedents are relevant only when applied to specific cases. Born agreed, stressing the importance of adhering to legal systems and precedents. Justice Kohli provided insights into the workload of Indian judges, highlighting the extensive hours dedicated to judicial work. \r

Born advocated for separate legislation for international arbitration, citing the need for streamlined regulations. Justice Kohli acknowledged India's lack of separate legislation but noted improvements in arbitration reforms. \r

Both emphasized the need for efficient dispute resolution and minimizing court interference in arbitration processes. Born suggested exploring alternative mechanisms to expedite arbitration proceedings.