To study this matter, Srinivasan wrote to the Supreme Court and every high court. From their responses, Srinivasan finds that Indian justices strongly favor own retired colleagues as arbitrators. He argues that this over-reliance on former judges is misplaced. It ignores the fact that there are plenty of other competent professionals who’d make fine arbitrators including members of the bar.
Srinivasan also criticizes the general lack of transparency in judicial appointments of arbitrators. His research demonstrates that Indian courts significantly influence alternative dispute resolution mechanisms. They do so even while the Act purports to limit judicial interference in such mechanisms.
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