The ETLegalWorld Commercial Disputes Conclave 2026 brought together senior figures from law, investment and intellectual property to discuss how dispute resolution shapes capital decisions in India. Attendees highlighted that predictability in outcomes, timely enforcement of awards and judgments, and stronger dispute-resolution institutions are becoming central to investment strategies, contracting approaches, and the country’s ease of doing business.
Participants noted that persistent delays in court proceedings and gaps in enforcement create risk for investors and exporters, raising the cost of capital and complicating contract execution. In addition, gaps in dispute-resolution infrastructure can hinder timely resolution, affecting project timelines and the reliability of remedies available to businesses.
Experts said that ongoing delays and enforcement gaps are weighing on India’s ease-of-doing-business metrics and could influence investment decisions.
Key implications for stakeholders include the following:
- Predictability: Consistent interpretation of contracts and disputes, formal procedures, and predictable timelines are essential for planning and risk assessment.
- Timely enforcement: Swift recognition and enforcement of arbitral awards and court judgments reduce holding costs and support contract performance.
- Dispute-resolution institutions: Strengthened courts, tribunals, and arbitral mechanisms, along with robust IP dispute pathways, are critical to reducing time-to-resolution.
- Impact on investments and contracting: The quality and speed of dispute resolution influence where firms commit capital and how they draft risk allocations and dispute clauses.
- Regulatory and policy relevance: Policymakers and regulators may need to prioritise judicial reforms, enforcement infrastructure, and capacity-building to bolster confidence among taxpayers, businesses and international investors.
The discussions underscored that improving dispute resolution is not merely a legal concern but a business and policy imperative that could influence India’s competitiveness on the global investment stage.
