Departure from Practice of Appointing Retired Judges as Arbitrators
In a notable move, the Supreme Court of India recently appointed Advocate Shraddha Deshmukh as the sole arbitrator in an international commercial arbitration case [Acarer Metal Sanayi Ve Ticaret AS v Lalwani Ferro Alloys Ltd]. This appointment signifies a shift from the often-criticized practice of appointing retired judges as arbitrators in such disputes.
The decision was rendered by a bench comprising Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra. The bench’s order reflects a growing recognition of the need for diversity and fresh perspectives in the arbitration field, which has been traditionally dominated by retired judges.
Advocate Shraddha Deshmukh’s appointment is seen as a progressive step towards enhancing the arbitration landscape in India, encouraging the inclusion of experienced advocates in the role of arbitrators. This change aims to bring in more specialized expertise and contemporary understanding of complex commercial issues.
The appointment of a practicing advocate as an arbitrator aligns with international best practices and is expected to contribute positively to the arbitration process, offering a balanced and impartial resolution mechanism. This decision is likely to set a precedent for future appointments, promoting a broader pool of candidates for arbitration roles and ensuring that the arbitration process benefits from a wider array of professional experiences and knowledge.
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