Supreme Court Justice Rajesh Bindal. Photo: | Photo credit:
Supreme Court Justice Rajesh Bindal emphasized the need for strong arbitration institutions, saying the country’s booming infrastructure sector required expert involvement and problem-solving approaches to prevent disputes from stalling projects.
Speaking at the 5th Biennial International Conference on Construction Law and Arbitration organized by the Construction Law Society in New Delhi on Friday (December 5, 2025), Justice Bindal said that construction law is a highly specialized field.
He said the rapid growth of India’s infrastructure, including electricity, roads, metros, ports and dams, naturally increased disputes.
“The activity is increasing, so the percentage of disputes will increase – some real, some creative. We should deal with them at every stage instead of dragging the whole dispute to the end and stalling the project,” Justice Bindal said.
He promoted institutional arbitration in construction disputes to combat the current problems of inflated costs and delayed proceedings by ensuring the availability of technical experts, proper record keeping and structured case management.
He also highlighted contract drafting as a key area for reducing disputes. “The best form of agreement is one where all relevant laws and conditions are incorporated into a single document, avoiding overlapping and pathological provisions,” he said.
Justice Bindal warned of the challenges posed by artificial intelligence (AI) in arbitration and litigation, including fabricated evidence, non-existent judgments and risks to confidentiality on open AI platforms.
At the event, Attorney General R. Venkataramani called for specialized legislation for the construction sector and highlighted its current fragmentation.
He called on law schools to play a greater role in shaping the future of construction law and regulatory frameworks.
Delhi High Court Judge Justice Tejas Karia highlighted the rapid development and complexity of India’s infrastructure sector and emphasized the need for specialized dispute resolution frameworks.
“The future of construction disputes is clear. It will be faster, more data-driven and more technology-enabled. It will be less adversarial and more collaborative. It will rely on early resolution and enforcement structures. If we build a dispute resolution system that is clear, predictable, affordable and globally trusted, we can position India as a hub for infrastructure arbitration,” he said.
Lalit Bhasin, president of the Society of Law Firms of India, highlighted the weaknesses of the country’s current system, saying that litigation has “virtually failed” to resolve construction disputes and that arbitration is struggling because “we don’t have good and strong arbitral institutions to instill confidence between disputing parties”.
Emphasizing the need to revive the traditional Indian approach to harmony, he said, “The only way out seems to be settlement of disputes through arbitration, which is a precursor to consensual resolution.”
Published – 06 Dec 2025 20:06 IST
