At a recent legal conference, Supreme Court Justice Manmohan shared an intriguing tale of how mediation can not only resolve conflicts but forge unexpected partnerships. He recounted a trademark dispute where a global jeans brand sued a small Indian manufacturer for counterfeiting. Initially, an injunction was granted, but the Court took the unusual step of referring the case to mediation. What followed was nothing short of remarkable.
Through the mediation process, it was discovered that the small manufacturer was producing high-quality jeans. Far from punishing the defendant, the brand, which had long struggled to find a reliable supplier, appointed the defendant as its official manufacturer. Justice Manmohan highlighted this as a powerful example of how Alternative Dispute Resolution (ADR), especially under India’s newly enacted Mediation Act, can turn adversaries into collaborators.
“From counterfeiter to collaborator—that is the essence of ADR,” he remarked, emphasizing the transformative potential of mediation in today’s legal landscape.
Justice Manmohan was addressing the gathering as Chief Guest at the conference India’s Legal and Regulatory Framework: Navigating International Trade Opportunities, organized by the Services Export Promotion Council, the Society of Indian Law Firms, and the Indian National Association of Legal Professionals. He stressed the importance of evolving dispute resolution strategies to keep pace with the complexities of global commerce and technology. One area of particular focus was standard essential patents (SEPs) used in everyday devices, such as smartphones.
He posed the question of whether royalty disputes over SEPs should be settled within each country or through a unified global framework, calling for an overhaul of mechanisms for resolving international disputes.
Justice Manmohan also touched on the legal challenges posed by infrastructure mergers, ESG compliance, FinTech innovation, and the regulation of AI. He likened the complexities of mergers to a “symphony where every musician plays a different national anthem,” underscoring the need for legal harmonization in cross-border transactions.
On the subject of AI, he said, “AI is like a brilliant but unpredictable teenager—full of potential, but still learning the rules.” He also stressed the need for stronger data privacy and cybersecurity measures to support India’s growing digital trade infrastructure, emphasizing the importance of a predictable legal system to build global investor confidence.
In his welcome address, Lalit Bhasin, President of the Society of Indian Law Firms, outlined India’s potential to become a global hub for legal services, supported by initiatives like the Mediation Act and increased legal diplomacy. He also highlighted the need for reforms in India’s legal market, particularly in liberalizing advertising restrictions.
The event culminated with the presentation of awards to distinguished legal professionals across various categories, recognizing their contributions to the field. Justice Manmohan took the stage to honor individuals from diverse sectors, including General Counsel, law firm lawyers, legal academics, and litigation specialists, celebrating their achievements in shaping the legal landscape.
This thought-provoking conference not only showcased the evolving landscape of legal dispute resolution but also illuminated the potential for transformative change through mediation.
