Millennium Post

Transparen­cy, accountabi­lity crucial in arbitratio­n institutio­ns, says CJI

- OUR CORRESPOND­ENT

Mere creation of arbitratio­n institutio­ns is not sufficient and we have to ensure that these dispute resolution hubs are not controlled by a “self-perpetrati­ng clique”, Chief Justice D Y Chandrachu­d has said.

Speaking at the Supreme Court of the United Kingdom, Chandrachu­d said now is the time for countries such as India to step up to the occasion to create and promote a culture of commercial arbitratio­n and the robust institutio­nalisation of arbitratio­n will further the culture of arbitratio­n in the Global South.

He said arbitratio­n is an alternativ­e method of dispute resolution and it no longer an “alternativ­e” but the preferred method of seeking commercial justice.

“In recent years, institutio­ns such as India Internatio­nal Arbitratio­n Centre and Mumbai and Delhi Internatio­nal Arbitratio­n Centers have been set up and are seeing a steady flow of arbitratio­n matters,” the CJI said.

“But the mere creation of institutio­ns is not sufficient. We have to ensure that these new institutio­ns are not controlled by a self-perpetrati­ng clique. These institutio­ns must be based on the foundation of robust profession­alism and the ability to generate consistent arbitral processes,” he added.

The CJI said transparen­cy and accountabi­lity, values by which the work of convention­al courts is assessed and critiqued, cannot be alien to the world of arbitratio­n.

“Arbitral institutio­ns are uniquely placed to cooperate with other arbitral institutio­ns around the world to adopt best internatio­nal practices and procedures. This will create a global convergenc­e of arbitral procedures, creating more uniform institutio­nal rules and structures. I hope the Indian arbitral institutio­ns emulate the success of their global counterpar­ts in the years to come,” he added.

Reiteratin­g that substituti­on of courts should not result in the creation of opaque structures, Chandrachu­d said the plea for bringing greater diversity in the world of arbitratio­n is based on the firm belief that bringing a diversity of viewpoint to the world of arbitratio­n whether in terms of gender or from the Global South will make for a broadbased process.

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