Courts reluctant to remove arbitrators, calls for a dedicated misconduct forum
Courts reluctant to remove arbitrators, calls for a dedicated misconduct forum
SC judge urges a dedicated misconduct forum for arbitrators, notes delays in Mediation Act 2023, and stresses integrity in ADR as essential to modern justice.
At the Indian Council of Arbitration’s International Conference on Arbitration in the Era of Globalisation, Supreme Court Justice BV Nagarathna pressed for a dedicated forum to hear complaints of arbitrator misconduct. She warned that courts are often reluctant to remove arbitrators who are former judges or hold high positions, creating a gap in accountability.
She argued that there is a delay in notifying key provisions of the Mediation Act, 2023, and stressed that arbitrators and mediators must treat their role as an alternative to, not a substitute for, the court system. "They must maintain high standards of integrity and fairness throughout the process," she said, adding that even perceived bias undermines trust in ADR.
Looking at the ADR ecosystem, the judge noted both advantages and disadvantages. While ADR offers faster resolutions, the absence of a clear, accessible forum to challenge misconduct makes reform difficult. Courts’ hesitancy to remove authoritative figures compounds the problem, she added.
She cited the broader shift: mediation is moving beyond elite halls into villages and streets, signaling that the system must be mature enough to support a diverse, complementary framework. She urged the legal system to harmonise arbitration and mediation to deliver efficient outcomes.
In sum, Nagarathna called for a mature, robust civil justice framework where arbitration and mediation are integral to modern justice, with timely implementation of the Mediation Act to restore litigant trust.
