Now Reading: CJI: 90% mediation compliance; HC judge defends dual lawyer-arbitrator role
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CJI: 90% mediation compliance; HC judge defends dual lawyer-arbitrator role
CJI: 90% mediation compliance; HC judge defends dual lawyer-arbitrator role
Bombay High Court Justice Sharmila Deshmukh said lawyers must see themselves as both advocates and arbitrators, describing arbitration as a parallel justice system. Speaking at a Mumbai Centre for International Arbitration event,…
The Story in Brief
Bombay High Court Justice Sharmila Deshmukh said lawyers must see themselves as both advocates and arbitrators, describing arbitration as a parallel justice system. Speaking at a Mumbai Centre for International Arbitration event, she defended practicing lawyers serving as arbitrators, arguing they carry vital insight into how cases hold up in court.
Earlier Friday, Chief Justice of India Surya Kant told an international ADR conference that voluntary compliance with mediated settlements can reach 90% because parties help draft their own resolutions. He said mediation asks what parties can live with, not who is right. Delhi High Court Chief Justice Devendra Kumar Upadhyaya said mediation might one day replace arbitration. A panel discussed concerns over part-time arbitrators forming a 'club' without institutional oversight.
The Indian Opinion
The praise for mediation and arbitration often ignores real gaps. Arbitration may be faster, but Section 34 challenges still drag cases to court. Mediation's touted 90% compliance is promising, yet it depends on infrastructure and trained neutrals that India is only starting to build. Justice Dhond's warning about part-time arbitrators forming a 'club' demands scrutiny. The real test: will these mechanisms reduce court backlogs without creating fresh grounds for delay? That answer lies in how many awards are actually enforced without challenge.
Sources (2): barandbench.com, barandbench.com (2)
This story was synthesised by AI from the 2 sources linked above.
Updated: this story now draws on 2 sources.
