Justice Dr. Mukundakam Sharma At Bharat Legal Conclave Flags Gap Between Arbitration Timeline Realities

At a time when India’s legal system is grappling with the twin pressures of globalisation and rapid technological change, former Supreme Court judge, Justice Dr. Mukundakam Sharma has underscored the urgent need for laws to evolve in step with economic realities and digital advancements.

Speaking at the 2nd Bharat Legal Conclave on the theme “Aligning India’s Legal Ecosystem with Global Standards and Digital Landscape,” Justice Sharma laid out a comprehensive vision of a legal framework that is adaptive, efficient and globally compliant.

He began by situating India’s legal evolution within its constitutional identity as a socialist state, noting that the shift towards liberalisation and an open market economy has created an inherent tension.

“When we say that we are a socialist country, we accept a regulatory and planned economy. But with globalisation setting in, we have moved towards an open economy, and there is a conflict between these two concepts,” he observed. Emphasising that this transition is inevitable, he pointed out that even traditionally closed economies have embraced global trade practices, making it imperative for India to keep pace.

Central to his address was the idea that law cannot remain static in a dynamic economic environment. “Law can never be static. It has to march with the tide and progress with the aspirations of the people,” he said, stressing that legislative reforms must align with the demands of international trade and commerce.

Referring to the post-1995 phase of liberalisation, Justice Sharma highlighted how India undertook significant legal reforms to comply with global standards, particularly under the framework of the World Trade Organisation. Intellectual property laws, banking regulations, taxation frameworks and arbitration statutes were all updated within a defined timeline to meet international obligations.

Justice Sharma also traced the growing prominence of alternative dispute resolution mechanisms in commercial agreements. He noted that arbitration clauses, along with mediation and conciliation provisions, are now routinely embedded in both domestic and international contracts.

“Parties today require cost-effective and expeditious dispute resolution. That is why arbitration, conciliation and mediation are increasingly integrated,” he explained. However, he expressed concern over the persistent delays in arbitration proceedings in India, pointing out that cases rarely conclude within the stipulated one-year period and often extend to three or four years, followed by further delays in challenges under Section 34. “The very idea of quick disposal is defeated,” he remarked, calling for systemic reforms.

On the issue of intellectual property rights, Justice Sharma stressed the need for specialised judicial forums. He highlighted that patent disputes, in particular, involve complex technical questions requiring domain expertise.

“Judges come from non-technical backgrounds and must be trained. Specialized courts will definitely help in dealing with such matters effectively,” he said, citing international practices such as those in China where dedicated IPR courts handle such disputes. While acknowledging the establishment of commercial courts in India, he cautioned that their broad jurisdiction has diluted their effectiveness. According to him, rationalising the scope of these courts is essential to ensure speedy adjudication.

Turning to the role of technology, Justice Sharma described digital transformation as a key enabler of efficiency and transparency in the legal system. He pointed to the rise of e-courts, video conferencing and the increasing use of artificial intelligence as significant developments, particularly in the post-pandemic era.

“A person sitting in a remote area can now participate in court proceedings. This ensures transparency and access,” he noted. He also welcomed the recognition of electronic evidence as primary evidence and the translation of Supreme Court judgments into regional languages, which he said would democratise access to legal knowledge.

Concluding his address, Justice Sharma expressed optimism about the future of India’s legal ecosystem but emphasised that sustained efforts are required to modernise laws and institutions. “With technological advancement and updated legislations, we can deliver judgments that are just and proper,” he said, urging stakeholders to continue engaging in meaningful dialogue to shape reforms that meet both domestic needs and global expectations.

Event Name: 2nd Bharat Legal Conclave

Event Date: March 17, 2026