The real Indian arbitrator needs to stand up, Pg6

Growth in domestic and cross-border commerce has increased demand for efficient commercial dispute resolution.

India's court-litigation machinery remains overburdened, making commercial arbitration an attractive alternative.

Concerns raised about whether India's arbitration ecosystem truly matches global standards.

Lack of focus on building a community of elite arbitrators beyond retired judges limits credibility.

Fundamental issue: reliance on arbitrators from judiciary background leads to procedures resembling court litigation rather than international arbitration standards.

Detailed Insights:

Human Capital Challenge:

Success of arbitration hinges on quality and efficiency of arbitrators, not just procedural reforms.

Arbitrators must possess soft skills, procedural expertise, and the ability to handle diverse, multicultural panels.

Key Differences:

Arbitrators differ from judges — require specialised skills in evidence management, decision-making nuances, and financial analysis for damages.

Proposed Improvements:

Diversify the arbitrator pool to include non-judicial professionals.

Mandatory rigorous training and certification for aspiring arbitrators to ensure quality and consistency.

Significance:

Enhancing the arbitration ecosystem is crucial for ease of doing business and global economic competitiveness.

Reducing dependency on court-like arbitration processes can improve efficiency, reduce costs, and strengthen investor confidence.

A robust arbitration framework supports India's aspirations to be a global hub for commercial dispute resolution.

Mains Mock Question:

"Analyze the challenges facing the Indian arbitration ecosystem. Suggest reforms necessary to position India as a global hub for commercial arbitration."