ADR Journal
Arbitration

Supreme Court Judge Flags Lack of Forum to Address Arbitrators' Misconduct

Published 2026-04-12 3 min read 1 source

TL;DR

  • Justice B V Nagarathna noted absence of oversight for arbitrators' misconduct.
  • Currently, complaints can only be raised before courts, which are hesitant to intervene.
  • Trust in arbitration is critical for an effective alternative dispute resolution system.
  • This observation was made at an international arbitration conference in India.

Overview

At a recent international conference, Supreme Court Judge Justice B V Nagarathna highlighted a significant gap in India's arbitration framework: the lack of a dedicated mechanism to address complaints against arbitrators. She warned that this gap could undermine confidence in the arbitration system, which is gaining prominence in commercial and cross-border disputes.

What Happened

Speaking at the 'Arbitration in the Era of Globalisation' conference organized by the Indian Council of Arbitration, Justice Nagarathna underscored the integral role of arbitration and mediation in modern justice systems.

She drew attention to the fact that complaints about arbitrators' behavior-including allegations of bias or misconduct-currently have no forum other than the courts, which are reluctant to act, particularly when arbitrators are retired judges or chief justices.

Justice Nagarathna stressed that the success of arbitration depends on the trust of participating parties, and allegations of misconduct or bias can erode that trust.

She observed there has been a shift from traditional litigation to alternative dispute resolution mechanisms, emphasizing the benefits of arbitration such as neutrality, procedural flexibility, confidentiality, and autonomy.

Context

India, like many countries, has seen a growing reliance on arbitration and mediation to resolve commercial and cross-border disputes. These mechanisms are often promoted as faster and more flexible alternatives to court litigation.

However, confidence in these mechanisms requires robust, transparent processes for addressing claims of misconduct by those who administer justice outside the courts. The lack of a specialized complaints forum for arbitrators is a notable gap in the current system.

Why It Matters

  • The absence of a proper oversight or complaints mechanism could undermine public and commercial trust in arbitration.
  • Such concerns may dissuade parties from opting for arbitration, counteracting efforts to reduce the burden on courts and promote alternative dispute resolution.
  • Highlighting this gap could prompt policy discussion or reform efforts aimed at strengthening the integrity and accountability of the arbitration process.

Sources

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