Justice BV Nagarathna highlighted gaps in India’s arbitration system, noting absence of a dedicated forum for arbitrator misconduct complaints. She observed courts hesitate to remove arbitrators, especially former judges, raising concerns over accountability and effective dispute resolution mechanisms.
CJI Surya Kant cautioned that excessive judicial interference in arbitration can undermine confidence in dispute resolution. Emphasising restraint, he warned that over intervention may weaken trust in arbitral processes and dilute assurance that arbitration agreements will be respected.
