Saraf and Partners and WilmerHale Co-Host Fireside Chat During Delhi Arbitration Weekend 2025

Saraf and Partners and WilmerHale jointly hosted a Fireside Chat & Reception on September 20, 2025, at The Oberoi, New Delhi, as part of the Delhi Arbitration Weekend (DAW) 2025.

The evening commenced with a keynote address shared by Mr. Tushar Mehta, Solicitor General of India, on “Reimagining Arbitration & Mediation: Building Trust, Speed & Global Competitiveness”.

This was followed by a fireside chat with Hon’ble Ms. Justice (Retd.) Indu Malhotra, Mr. Kevin Nash (Director General, LCIA), and Mr. Steven P. Finizio (Partner, WilmerHale) which was moderated by Mr. Mohit Saraf, Founder & Managing Partner of Saraf and Partners, who posed questions on key practical issues encountered by corporate India and ways to make the country’s dispute resolution framework more effective in addressing them.

Opening the discussion, Mr. Saraf highlighted the scale of the challenge, observing that “on average, it takes approximately 4.25 years for a dispute to be adjudicated at the first instance by courts in India. Coupled with India’s improving yet low ranking on the Ease of Doing Business index, this reflects the urgent need for mechanisms that can deliver quicker and more effective resolutions. In our experience, institutional arbitration works in a more structured and disciplined manner, offering parties clarity and predictability.” He added that businesses require speed as well as certainty in procedure and outcomes, and institutional arbitration is proving to be better equipped to provide that framework.

Building on the point, Mr. Nash spoke about the additional safeguards institutional arbitration offers:

“Institutional arbitration awards go through a process of either a consultation or a scrutiny before they are issued, which helps ensure quality and consistency. The institutional rules also provide greater control over the process and costs. We track if our awards are set aside by courts and find that it is almost never the outcome - this speaks to the strength of the institutional model.”

Adding a global perspective, Mr. Finizio added that

“Institutional arbitrations are managed under clear procedural rules and timelines, which leads to faster conduct of proceedings and quicker results. Naturally, shorter timelines also translate into lower costs for the parties.”

Hon’ble Ms. Justice (Retd.) Indu Malhotra shared a practical and nuanced perspective, highlighting the need for flexibility in India’s arbitration landscape:

“India has a vast and diverse population with equally diverse disputes. It is important that both institutional and ad-hoc arbitration mechanisms remain available, so that parties can choose the process that best suits the nature of their disputes.”

Other key points of discussion included the possible standardisation of arbitration protocols and procedures through legislation, recent trends in arbitration jurisprudence in India, the institutional and enforcement support required to make mediation an effective remedy, and assessing India’s damages framework in light of current commercial realities.

The occasion was widely attended by several eminent dignitaries, including Hon’ble Judges (Retd.) from the Supreme Court of India, including Justice D.Y. Chandrachud (Former CJI), Justice Sanjiv Khanna (Former CJI), Justice Sanjay Kishan Kaul, Justice A.K. Sikri, Justice Vikramajit Sen, Justice Indu Malhotra, Justice Vineet Saran, Justice Ajay Rastogi, Justice Hemant Gupta, and Justice Hrishikesh Roy. Several sitting judges of the Delhi High Court, including Justice Pratibha M. Singh, Justice Subramonium Prasad, Justice Anup Jairam Bhambhani, Justice Sachin Dutta and Justice Tejas Karia, were present, along with distinguished former judges such as Justice Mukul Mudgal (Former Chief Justice, Punjab & Haryana High Court), Justice J.R. Midha, Justice Jayant Nath, Justice Najmi Waziri and Justice Rekha Palli.