Appointment of Arbitrators
Keywords:
Appointment, Arbitrators, capabilities & competence, nuances & shortcomings, foundationalAbstract
The Arbitration and Conciliation Act's arbitrator selection procedure is evaluated critically in Appointment of Arbitrators. It explores how the 2015 and 2019 modifications have affected the appointment of arbitrators, with a special emphasis on how retired judges are involved in this process. In his analysis of the courts' hegemony in selecting retired judges to serve as arbitrators, Srinivasan recommends looking into alternative professional backgrounds. The study highlights the difficulties in developing strong arguments based on empirical surveys by discussing contradictory results about desires for retired judges to serve as arbitrators. It also discusses why the judiciary takes so long to appoint arbitrators in spite of rules that have been set forth. Although the study acknowledges the positive features of the modifications, it also examines the practical challenges that have arisen since 2015 and emphasizes the need for a comprehensive assessment of the amendments' effectiveness. The study adds to the continuing conversation about enhancing the effectiveness and openness of arbitration procedures under the Arbitration and Conciliation Act by closely examining the intricacies and challenges associated with arbitrator appointments.
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