• search
For Quick Alerts
For Daily Alerts

Domestic arbitration, foreign awards need separate acts: SC judge


New Delhi, Feb 16: There should have been two arbitration acts -- one for domestic and another for foreign awards -- because the regimes are entirely different, Supreme Court judge Indu Malhotra said at a conference here on Saturday. Justice Malhotra was speaking on "Arbitration Highlights Need to Shift From Ad Hoc to Institutional Arbitration" at the 12th annual international arbitration conclave, organised by Nani Palkhivala Arbitration Centre (NPAC), according to a statement.

Domestic arbitration, foreign awards need separate acts: SC judge

"There should have been two acts, one for domestic arbitration and one for imposing foreign awards, because the regimes are entirely different, and sometimes in the interpretation of one part, one tends to look at the other part which may create confusion," she said, according to the statement.

Who is Indu Malhotra, the first woman lawyer recommended directly to SC judgeship

Leigh-Ann Mulcahy QC, Fountain Court Chambers, London, while speaking at the conclave, talked about the need to safeguard party access to a limited pool of arbitrators who have expertise in specialist arbitration, the statement said.

"The need for impartiality among arbitrators is important in a system that is voluntary and autonomous. Parties have to be completely comfortable with the arbitrator who will resolve their dispute," Mulcahy added.

    NEWS AT NOON, FEBRUARY 16th, 2020

    Senior advocate and NPAC Director Arvind P Datar talked about the need to focus solely on institutional arbitration and said public sector units (PSUs) should make institutional arbitration mandatory.

    "For the last 25 years, I have been hearing about how we should not have ad hoc arbitration, and I think it's time to bite the bullet and make it mandatory for at least PSUs to make Institutional Arbitration mandatory. Before we become an international hub of arbitration, we also must focus on making domestic arbitration very robust," Datar said.

    For Daily Alerts
    Get Instant News Updates
    Notification Settings X
    Time Settings
    Clear Notification X
    Do you want to clear all the notifications from your inbox?
    Settings X
    We use cookies to ensure that we give you the best experience on our website. This includes cookies from third party social media websites and ad networks. Such third party cookies may track your use on Oneindia sites for better rendering. Our partners use cookies to ensure we show you advertising that is relevant to you. If you continue without changing your settings, we'll assume that you are happy to receive all cookies on Oneindia website. However, you can change your cookie settings at any time. Learn more