Judiciary Cannot Withdraw Itself From Arbitration; Courts Should Exercise Disciplined Supervision: Justice Vipul Pancholi

Supreme Court judge, Justice Vipul M Pancholi has stressed on the role court's play in the field of arbitration and has called it to be indispensable, at the same time clarifying that judicial supervision should be disciplined.

Speaking at the opening ceremony of GHAC Arbitration Week 2026, organised by the Gujarat High Court Arbitration Centre (Domestic & International) in collaboration with the High Court of Gujarat, the supreme court judge said, "There is sometimes a perception that arbitration friendly adjudication requires the judiciary to withdraw entirely from the field. I do not believe that is the correct way to look at it. The role of the courts in is indispensable. The real objective is not the absence of judicial supervision. It is disciplined judicial supervision. The success of arbitration requires a relationship of mutual respect. Courts must respect the arbitral process and arbitral institutions must respect the boundaries of judicial authority. When that equilibrium is maintained, arbitration becomes stronger."

Justice Pancholi also expressed his happiness over the arbitration week being hosted in Gujarat. "Gujarat has historical historically been associated with enterprise, trade and commercial activities. A thriving commercial economy naturally requires a sophisticated mechanism for resolving commercial disputes. The establishment and strengthening of institutions such as the Gujarat arbitration center therefore represents much more than institutional development. It represents an investment in the ease of doing business, commercial certainty and access to justice," he added.

The Supreme Court judge also observed that as we embrace technology, institutions, and new forms of dispute resolution, we must retain sight of something fundamental. Justice Pancholi noted that at the heart of every dispute is a human problem and behind every commercial claim are people, businesses, investments, employees, families, and livelihoods.

"An arbitration award is not merely a legal document for one party. It may determine the future of business. For another, it may represent the recovery of years of investment. For yet another, it may determine whether a project continues or fails. Therefore, efficiency in dispute resolution is not merely an administrative virtue. It is an element of justice. Every unnecessary delay has a cost. Every avoidable procedural complication has a cost. Every uncertainty in enforcement of a enforcement as a cost and every improvement in the dispute resolution system strengthens confidence in the rule of law," he has said.

On the future of arbitration in India, Justice Pancholi added, "The question is what will that future look like? Will India become a preferred seat for international commercial disputes? Will our orbital institutions command the same confidence as the best institution anywhere in the world? I believe the answer can be yes. But that answer will not come automatically. It will require commitment from all of us and most importantly from a legal profession willing to constantly examine and improve itself."

Justice KV Vishwanathan also spoke at the event where he underscored the need to strike a careful balance between party autonomy in arbitration and the judiciary’s responsibility to ensure fairness, impartiality and adherence to the rule of law. Addressing judges, lawyers, arbitrators and other dignitaries, Justice Viswanathan said that while arbitration is founded on the consent of the parties, judicial restraint cannot mean complete withdrawal from the arbitral process. “Judicial restraint does not mean judicial indifference. That distinction, in my view, lies at the heart of the contemporary law of arbitration,” he said.

The Gujarat High Court Arbitration Centre (Domestic & International) (GHAC), in collaboration with the Gujarat High Court, has organised the GHAC Arbitration Week 2026, a three-day programme dedicated to strengthening Gujarat’s institutional arbitration ecosystem and promoting the State as a leading destination for efficient, credible and institutionally driven dispute resolution. The three-day programme is being held from 4 September to 6 September 2026 at the prestigious GIFT City Club, Gandhinagar, under the overarching theme “Building Gujarat’s Institutional Arbitration Ecosystem”.