Courts reluctant to remove arbitrators who are former judges: Justice B V Nagarathna

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Supreme Court Justice B V Nagarathna identified gaps in India's dispute resolution framework, noting courts hesitate removing arbitrators who are retired judges accused of misconduct. She emphasized alternative dispute resolution mechanisms must maintain strict discipline and address bias allegations. Justice Nagarathna highlighted challenges including award enforceability issues, delays, rising costs, and declining trust in arbitrators. She advocated hybrid models like Med-Arb and sector-specific arbitrator expertise for complex disputes.

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