Retired judges competing for arbitrator roles in commercial disputes

Justice N. Anand Venkatesh of the Madras High Court has raised concerns about retired judges engaging in significant efforts to secure positions as arbitrators in lucrative commercial disputes, highlighting systemic gaps in India's arbitration framework.

According to Justice Venkatesh, the issue stems partly from a shortage of sitting judges with adequate expertise to handle applications filed under the Arbitration and Conciliation Act, 1996. The limited technical knowledge among the current bench has created a vacuum that retired judicial officers are keen to fill through arbitration appointments.

Beyond the competition for arbitrator roles, Justice Venkatesh has identified another structural challenge affecting dispute resolution efficiency. The practice of rotating the arbitration portfolio among judges every three months compromises the quality and speed of justice delivery, he observed. Frequent reassignments prevent judges from developing deep familiarity with pending cases and arbitration-specific nuances.

The judge's remarks underscore broader concerns about India's arbitration infrastructure at a time when the country seeks to position itself as a preferred dispute resolution hub. Addressing these capacity and continuity issues could significantly improve the efficiency and credibility of commercial arbitration proceedings across the country.