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NEW DELHI: Supreme Court justice Justice B V Nagarathna connected Saturday said that arbitration and mediation had go integral parts of a modern and responsive justness strategy and should not beryllium viewed simply arsenic alternatives to accepted litigation.
She, however, highlighted the lack of a forum to woody with complaints against arbitrators who, successful astir cases, are retired judges courts are reluctant to remove. "There is nary forum arsenic specified wherever a misconduct of an arbitrator is complained against but earlier a court. And courts are precise wary of changing arbitrators due to the fact that galore of the arbitrators are erstwhile judges, Chief Justices," she said. She underscored that the spot of litigants successful arbitration proceedings was a indispensable to marque them palmy and allegations of bias oregon misconduct could undermine assurance successful the system. Speaking astatine the International Conference connected 'Arbitration successful the Era of Globalisation' organised by Indian Council of Arbitration successful the nationalist capital, Justice Nagarathna said determination had been a discernible displacement from accepted modes of quality solution towards alternate mechanisms specified arsenic mediation and arbitration. "Disputes are not lone astir ineligible questions, but besides social, commercialized and relational questions that whitethorn necessitate much voluntary solutions than a tribunal adjudication.
Arbitration and mediation, therefore, are not simply alternatives to litigation, but integral components of a modern and responsive justness system," she said. Justice Nagarathna said arbitration had emerged arsenic the astir preferred method for resolving cross-border commercialized disputes due to the fact that of advantages specified arsenic neutral forums, procedural flexibility, confidentiality and enactment autonomy.
