CJI hard-sells India’s business-friendly legal system in France
New Delhi: Days after India and European Union clinched what has been termed as ‘mother of all trade deals’, CJI Surya Kant on Saturday wooed French industrialists and businessmen to invest in India by hard-selling Supreme Court–backed trade-friendly legal system in the country. Referring to the uncertain business atmosphere in the world, apparently because of arbitrary import tariffs imposed by the US on various countries, CJI Kant said, “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.”
Addressing the Indo-French Chamber of Commerce and Industry and Paris Bar Association, the CJI said that for foreign enterprises engaging with their Indian counterparts, India’s legal ecosystem offers clarity. “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 said.
CJI Kant said SC provides a safety net against any biased arbitral awards that may adversely impact foreign companies operating in India. “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.” “In this context, SC has adopted a calibrated approach of minimal judicial intervention in its role as guardian of credibility, where, for instance, domestic awards may be set aside if bias, corruption or serious procedural deficiencies are proven,” he said.
Indian laws encourage pre-litigation mediation. “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.
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Addressing the Indo-French Chamber of Commerce and Industry and Paris Bar Association, the CJI said that for foreign enterprises engaging with their Indian counterparts, India’s legal ecosystem offers clarity. “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 said.
CJI Kant said SC provides a safety net against any biased arbitral awards that may adversely impact foreign companies operating in India. “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.” “In this context, SC has adopted a calibrated approach of minimal judicial intervention in its role as guardian of credibility, where, for instance, domestic awards may be set aside if bias, corruption or serious procedural deficiencies are proven,” he said.
Indian laws encourage pre-litigation mediation. “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.
Select The Times of India as your preferred source on Google Search
Top Comment
R
Rangapk
6 hours ago
USA - takes the cake & platter on the Worst Judiciary - World. I used to believe that Indian judicial system was one of the worst - delays, protecting freedom of accused, harassing petitioners and available only for the rich. While nothing has changed from our side - Only now there is a competitor. The American Judicial system. A President of another sovereign country is kidnapped and a judge - imposes jail without bail, adjourns for a month. US Supreme court is sitting on momentous petitions on powers of President - to enjoy a nice vacation. A person spends 43 years in prison - without parole - released -evidence was fabricated by Prosecutors - then re-arrested. In USA there is no functional judiciary. God only can help- if you are arrested on any - fabricated / imagined / potential - charge. Atrocious to say the least.Read allPost comment
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