Chief Justice of India DY Chandrachud has highlighted how the tradition of appointing only retired judges as arbitrators in India was slowly changing, giving way to the young lawyers, especially women lawyers, who were completely displacing gender imbalance in the world of arbitration.
Speaking at the ‘Conference on International Arbitration and the Rule of Law’, organised by the Supreme Court of India to observe its 75th year coinciding with the 125th anniversary of the Permanent Court of Arbitration (PCA), the CJI disclosed that out of 45 arbitrators appointed by a court presided over by him in the last few months, at least 23 were lawyers.
He says initially, he went with the familiar tradition of appointing a retired judge as arbitrator. However, off late, he was shifting his focus to the burgeoning pool of talented arbitration lawyers in India having expertise, knowledge and skill to excel as arbitrators.
There was so much work for everyone, especially young women lawyers, he added.
The Chief Justice of India argued for dispelling the myth that only retired judges make good arbitrators. Rather, it may be the other way round – good arbitrators may make good judges, he observed.
He said it was important to dispel the myth that only retired judges made good arbitrators, which of course they did, but to further experiment with the proposition that good arbitrators made good judges. As arbitration gaine traction as preferred means of dispute resolution, it needed judges with specialised expertise.
Members of the bar with extensive experience in arbitration have been appointed as judges in the High Courts. Advocates significantly experienced in international arbitration were being designated seniors by the Supreme Court of India, he added.