Supreme Court judge Justice BV Nagarathna emphasized the need for a dedicated forum to examine complaints of arbitrator misconduct, citing the reluctance of courts to remove arbitrators due to their high positions.
Speaking at the Indian Council of Arbitration's International Conference, Justice Nagarathna stressed that arbitrators and mediators must maintain high standards of integrity and fairness throughout the process.
She advocated for a mature legal system that supports a diverse and complementary ADR framework, where arbitration, mediation, and negotiation function together to deliver efficient and context-sensitive solutions.
Justice Nagarathna also raised concerns over the delay in notifying key provisions of the Mediation Act, 2023, including the constitution of the Mediation Council of India.
