|
Chief Justice of India Surya Kant on Monday said the infrastructure ecosystem must shift from retrospective justice to preventive justice by designing contractual and institutional frameworks that address disagreements before they turn into disputes.
Addressing the FIDIC Global Infrastructure Conference 2026 here, the CJI said the Rule of Law was not merely about courts correcting errors after a project had been disrupted, but also about ensuring clear expectations, properly defined powers, fair allocation of risks and credible, timely dispute resolution mechanisms. The finest compliment to a dispute resolution mechanism is not that it has resolved many disputes, but that the project it served had so little need to use it, he said. The CJI emphasised that infrastructure contracts should create a shared understanding of how parties respond to unforeseen circumstances. He said early intervention, frank communication and swift determinations could prevent disagreements from hardening into formal claims. A bridge cannot pause construction while an arbitration proceeds; a highway cannot wait for an appeal to run its course; and a power project cannot suspend its economic purpose while the parties debate the meaning of a force majeure clause, he observed. Calling for sensible standardisation of infrastructure contracts, Justice Kant said provisions relating to payments, variations, extensions of time, unforeseen conditions and dispute resolution should not be reinvented for every project. At the same time, he cautioned that local laws, capacity and circumstances must be accommodated. He said Indias infrastructure development was taking place at a scale and pace without precedent in its past, and its ambition must be to build faster, more resiliently, more sustainably and more productively. The CJI urged stakeholders to focus on clarity of obligations, balanced risk allocation, standardisation, early dispute avoidance and swift, independent resolution of disputes. These, he said, were instruments of good governance and not merely legal technicalities. (ANI)
|
