Long timelines, uncertain enforcement and the lack of finality in commercial disputes are increasingly becoming business risks rather than merely legal concerns, industry leaders said during the panel Dispute Resolution as a Pillar of India’s Economic Infrastructure at the ETLegalWorld Commercial Disputes Conclave 2026.
Moderated by Arpinder Singh, India & Emerging Markets Leader, EY Forensic & Integrity Services, the discussion examined how dispute-resolution mechanisms influence investment, contracting and ease of doing business.
Pratibha Jain, Head of Strategy & Group General Counsel, Everstone, said dispute resolution is integral to private equity investment decisions because funds operate within defined investment and exit cycles. Everstone, she said, generally requires Singapore arbitration for relevant cross-border transactions because of its emphasis on speedy resolution.
“We don’t enter unless we know where we can exit,” Jain said, noting that prolonged disputes can directly affect investment returns. She added that high dispute costs often push businesses towards settlement even when they believe they have a strong case. Recalling a US dispute resolved through mediation within hours, Jain argued that India needs to build similar confidence in mediation as an effective commercial tool.
Enforcement remains a critical gap
Amar Sundram, General Counsel – Sr. VP (Legal) & Chief Compliance Officer, NEC Corporation India Pvt Ltd, said companies need to structure dispute-resolution clauses according to the value and nature of contracts. NEC, for instance, uses different mechanisms ranging from litigation and sole-arbitrator proceedings to institutional arbitration depending on the financial exposure.He identified enforcement as a persistent challenge, particularly when parties struggle to trace assets after securing an award. Sundram also called for greater arbitration and mediation expertise in smaller cities, where many public-sector contracts specify the seat of arbitration.
Amitabh Lal Das, Senior General Counsel and Business Leader, said the “gestation gap” between the beginning and conclusion of a dispute remains one of the biggest concerns for businesses.
He argued that general counsels must move beyond dispute management towards dispute avoidance, including continuous due diligence on distributors and counterparties. “Not every problem of the business is going to be solved by contracting, documentation and lawyers,” he said.
Predictability shapes investor confidence
Dinesh Sharma, Senior Intellectual Property Policy Advisor for India at the U.S. Patent and Trademark Office, identified “certainty, predictability and reliability” as critical for investors, particularly in intellectual property disputes.
While specialised IP divisions and commercial courts have improved enforcement, Sharma said delays and the limited availability of specialised IP benches remain concerns, particularly for patent disputes where technology can become obsolete before litigation concludes.
Manu Kulkarni, Head of Dispute Resolution Practice and Partner, Poovayya & Co., offered a more differentiated view, noting that commercial courts in Bengaluru can sometimes deliver faster outcomes than arbitration. He cautioned that speed alone should not become the objective: “The real goal is a just and quick resolution of the dispute.”
Kulkarni also urged companies to draft arbitration clauses more carefully by clearly specifying governing law, jurisdiction and the institution administering the arbitration.
Across the panel discussion, the panelists agreed that improving dispute resolution will require more than expanding arbitration. Businesses need stronger institutions, better drafting, effective mediation, faster enforcement and greater predictability if India’s commercial justice architecture is to support investment and economic growth.
The remarks came as the fifth edition of ETLegalWorld Commercial Disputes Conclave 2026 is currently underway in New Delhi, bringing together legal professionals, policymakers, industry leaders and dispute resolution experts to discuss the evolving commercial justice ecosystem. The conclave, themed “Building Trust, Speed & Certainty in India’s Commercial Justice Ecosystem,” is examining the institutional and legal reforms needed to strengthen India’s position as a trusted destination for global business, investment and dispute resolution.
