Former Gujarat High Court judge Justice Harsha Devani has expressed concern over the Gujarat government's approach towards the expeditious disposal of arbitration cases, stating that the State has not demonstrated sufficient seriousness in ensuring timely resolution of disputes.
Speaking during discussions on strengthening Gujarat's arbitration ecosystem, Justice Devani emphasized that arbitration is intended to provide a faster and more efficient alternative to traditional litigation. However, delays in decision-making, procedural bottlenecks, and prolonged government-related disputes often undermine the effectiveness of arbitration proceedings.
She noted that governments are among the largest litigants in India and that institutional support is crucial for making arbitration a preferred dispute resolution mechanism. Timely instructions, quicker approvals, and reduced interference in arbitral proceedings can significantly improve efficiency.
Justice Devani further observed that Gujarat has the potential to emerge as a leading arbitration hub, particularly with initiatives linked to GIFT City and the Gujarat High Court Arbitration Centre (GHAC). However, achieving this objective requires a stronger commitment from government departments toward honoring arbitration timelines and facilitating dispute resolution.
Her remarks come amid broader efforts to strengthen institutional arbitration in India and promote investor confidence through predictable and efficient dispute resolution mechanisms. Legal experts have increasingly highlighted that delays in arbitration, especially where government entities are involved, can diminish the advantages that arbitration is designed to offer.
The observations contribute to the ongoing debate on improving India's arbitration framework and reducing the burden on conventional courts through effective alternative dispute resolution mechanisms.