Arbitration in India is full of Cases because of its time consuming Nature. Justice Hrishikesh Roy.
Supreme Court Justice Critiques Arbitration in India
Justice Hrishikesh Roy of the Supreme Court recently likened the state of arbitration in India to an overloaded truck struggling up a hill, highlighting the time-consuming nature of the process due to persistent delays and frequent adjournments.
Burden of Part-Time Practitioners
He pointed out that the challenges facing arbitration stem from a surplus of lawyers who primarily practice in courts but engage in arbitration during their spare time. This situation leads to repeated adjournments in proceedings, as part-time arbitrators and lawyers balance court schedules with arbitration hearings.
Arbitration’s Diminished Efficiency
“Arbitration is no longer the sleek sports car we once envisioned; it has become more like an overloaded truck struggling up the hill,” Justice Roy remarked during his keynote address at the India ADR Week event in Delhi. “We find ourselves questioning, ‘Wasn’t it supposed to be faster?'”
Transformation of Arbitration Process
The Justice expressed concern that arbitration is gradually becoming just another formal procedure characterized by increased adjournments, delays, excessive paperwork, and less actual arbitration.
Need for Committed Participation
He emphasized that lawyers and judges have treated arbitration not just as an alternative dispute resolution mechanism but as a secondary option following their regular court duties. “While attending court is important for gaining recognition among peers, without dedicated members of the bar focusing exclusively on arbitration, we are unlikely to cultivate the professionalism required for this field to evolve into the dynamic entity we aspire to,” he stated.
Role of Retired Judges
Justice Roy also noted the prevalence of retired judges acting as arbitrators in India, calling attention to the implications of this trend on the arbitration landscape.
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