Retired judges lobby hard to get appointed as arbitrators in high value commercial disputes, says Justice N. Anand Venkatesh
Reported by The Hindu, not nibnow. We are not the publisher of this story, only the source is.
The lobbying by retired judges to become arbitrators in high‑value commercial disputes may undermine the fairness and impartiality of arbitration outcomes, affecting businesses and investors.
The Madras High Court Judge also says very few sitting judges possess the expertise to deal with applications under the Arbitration and Conciliation Act, 1996. He feels that change of arbitration portfolio from one judge to another every three months may not help in speedy delivery of justice
Arbitration is a private dispute‑resolution method often used for large commercial cases; arbitrators are typically selected for their expertise, and retired judges are a common source for such appointments.
- •Watch for any statements or proposals from the Madras High Court or bar associations addressing the lobbying issue
- •Monitor potential legislative or regulatory changes aimed at standardising arbitrator appointment criteria
- •Follow reactions from the business community and legal practitioners regarding the fairness of current arbitrator selections