top of page
Search

The Supreme Court of India proposes the concept of young lawyers as Arbitrators

Legal Correspondent: Bidisha Barman


August 28, 2021: A group of lawyers pleaded before Justice D.Y. Chandrachud and Justice M.R. Shah that the practise of certain retired judges of drawing arbitration proceedings and overcharging parties with unreasonable fees has led to the streaming of lakhs of rupees for each sitting. The bench seemed to be well aware about the malpractices involved in the efficient alternative dispute resolution which is done by certain dishonest retired judges while acting as arbitrators. There are instances where parties expressed their frustration due to the repeated adjournment of proceedings before a retired High Court judge who is presiding over as an arbitrator. This results in the increasing amount of fees for each sitting leaving the parties with heavy bills.

Arbitration is considered as the most preferred alternative dispute mechanism. The fluctuating cost of arbitration has forced the Supreme Court to emphasize on engaging young and competent lawyers as arbitrators instead of retired High Court and Supreme Court Judges.

Justice D.Y. Chandrachud stated that the High Court of Bombay has come up with an innovative way in order to promote speedy completion of arbitration proceedings by engaging young and competent lawyers as arbitrators. The Supreme Court stated, these young lawyers conduct arbitration proceedings smoothly and often charge reasonable fees from the parties.

Since the past decades, the Supreme Court of India has encouraged arbitration and had taken major steps towards making India an International Arbitration hub.

Source:


Subscribe to get the full version of "The Nyayik Samachar" monthly at your Email for Free.


6 views1 comment

1 Comment


roseliner686
Aug 02, 2023

The agreement is a binding contract, and any person who violates it may suffer repercussions. Consider having an employment contract lawyer review your agreement before you sign it to make sure you comprehend all of the can an employer force you to work overtime clauses.Whether can you quit a contract job before it expires will entirely depend on the circumstances and the terms of your contract. The contract clauses that cover separation and termination of employment must be consulted.

Like
bottom of page