BRICS Chief Justices’ Forum 2026

Synopsis

On September 4, 2026, Chief Justice of India Surya Kant highlighted the importance of a culture of healthy disagreement and deliberations and as he addressed the gathering of heads of delegations and delegates from the BRICS member states and partner countries on the second day of the BRICS Chief Justices' Forum.

CJI Kant’s Statement

The CJI remarked, "Our role, as representatives of the justice delivery system, is much like that of a load-bearing wall within a building. No architect ever photographs it for the brochure, and yet no building stands without it. That, precisely, is the place judicial systems occupy in the life of a nation.”

He added that uncertainty over resolution of commercial disputes directly increases the cost of doing business. When foreign investors lack confidence in a country’s dispute-resolution system, contracts carry higher risk premiums, additional securities and stringent exit clauses, he said.

He further added, “It becomes, in every practical sense, an unwritten punitive cost of doing business, one that no legislature ever imposed, yet every investor ends up paying.” He went on to emphasize that the Courts that deliver judgments swiftly, consistently and in reliable language can remove this hidden cost altogether.

The First and Second Sessions

The Chief Justice thereafter outlined the four sessions for deliberation at the Forum. The first session concerns Mediation, treated not as some lesser substitute for litigation, but as “a calculated strategy for resolving international commercial disputes with a speed, a confidentiality, and a measure of goodwill that formal adjudication rarely affords”.

The second session concerns the cross-border enforcement of foreign arbitral awards, where the promise of a single global standard still confronts the reality of differing national practice, with discussions focusing on the obstacles that persist and the prospects for procedural harmonisation.

The Third and Fourth Sessions

The third session takes up Artificial Intelligence and Digital Innovation in the Administration of Justice, including AI-assisted case listing and triage and the use of predictive analytics in court management, while examining where the line must be drawn to keep human judgment at the heart of every judicial decision.

The fourth and final session turns to judicial leadership in Ecological Governance, examining the crucial role of Courts as nations transition towards solar, wind and other sustainable energy systems, often through disputes that pit renewable infrastructure against the forests, wildlife and water bodies it is built to preserve.

Concluding, the Chief Justice described the BRICS Chief Justices’ Forum as “a modern fabric woven with traditional threads”. The discussions, it was observed, are rooted in a shared quest “to seek solutions that serve humanity and to envision a world where law can be the gentle yet unyielding current that guides the river of development towards the ocean of shared prosperity”. Recalling India’s old and rich heritage of welcoming seekers with “open arms and open minds”, the Chief Justice invited the participants to discuss with candour, reflect with humility and build bridges of understanding, entering the deliberations with an ethos that is “open, rigorous and inspired by the pursuit of a higher good”.

Meditation in a Globalised Economy

The Chief Justice observed that Courts and Arbitral Tribunals are indispensable, as they provide certainty and protect legal rights, but adjudication cannot address every aspect of an International Commercial Dispute. A contract may be in dispute, while the commercial relationship behind it may still be worth preserving. Mediation, therefore, does not replace litigation or arbitration but offers another way to resolve disputes when the parties are willing to find common ground. Conventional methods of adjudication ask, “Who is legally right?”

“What arrangement will allow the parties to move forward?” This difference, it was observed, can determine whether a commercial relationship survives a dispute or is lost because of it. Mediation, at its core, is a process of “reason and reconciliation” and can lead to solutions that a judgment or award may not provide, including renegotiated obligations, restructured transactions and phased performance.

Role of Judiciary

The Chief Justice emphasised that as trade among BRICS Members and Partner Countries grows, businesses will need dispute-resolution mechanisms that are efficient, credible and workable across different legal and commercial cultures. In this regard, the need to strengthen cooperation between mediation institutions, professional training, multilingual capacity and dialogue among judges, mediators, lawyers and businesses was highlighted.

The Chief Justice further observed that judiciaries need not mediate disputes themselves, but can encourage appropriate referrals and ensure that mediated settlements are effectively enforceable. Parties will use mediation fully only when they know that seeking settlement does not mean giving up their legal rights.