11/16/22, 9:11 AM LawBeat | “Insufficiently trained arbitrators passing conflicting awards hinder the development of law” : Justice Ravindra

er the development of law” : Justice Ravindra Bhat

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Read Time: 09 minutes

Justice S. Ravindra Bhat of Supreme Court of India today

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He was speaking at a Conference on “International Arbitration: 15 Hours Ago

An Indian Perspective” organised by Services Export Promotion 

Council. He was addressing the conference on adopting and
assimilating new tools like hot-tubbing in international
arbitrations. Delhi High Court
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by fostering a healthy dispute resolution environment. Speaking
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to the young audience in the auditorium, Justice Bhat said “You 16 Hours Ago
are all a testament to the fact that we are blessed with an

abundance of ingenuity, creativity, hard work and innovation to
enable India to compete at a global stage.”

Speaking of delay in dispute resolution in India, Justice Bhat

noted that, “Where we are stuck is in the speedy resolution of
disputes. It is not only a drain of precious resources like time but

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11/16/22, 9:11 AM LawBeat | “Insufficiently trained arbitrators passing conflicting awards hinder the development of law” : Justice Ravindra Bhat

also casts a sense of wariness among customers and investors.”

He then spoke of three ideas that might come as a solution to
this problem, the ideas being techniques to expedite
proceedings, institutional changes and ways to foster an
arbitration culture in India.

Addressing the techniques to expedite proceedings, Justice

Bhat spoke of how Hot Tubbing is an effective mechanism to
analyse masses of technical material has to be analysed. He
said “Hot tubbing - in legal parlance - is the concurrence of
evidence & is used to considerably reduce the time, to bring on
record crucial evidence.” Justice Bhat explained that when rival
experts are asked to depose in highly technical matters, they
are made to sit together and draw documents as to what is
agreed upon by them and what they do not agree with.  He
spoke of how disputes with technical overtones like
construction have large amount of material to be analysed
which the poses a challenge to the arbitrators and how experts
are deployed to to give evidence in such disputes. He said “To
comprehend this and go through this, masses of data take a
long time.”

Justice Bhat emphasised the need for hot tubbing to be made a

part of India’s legislation to fully achieve its intended effect. He
praised the Delhi High Court for incorporating hot tubbing in its
rules to resolve intellectual property disputes. He highlighted
how how technology has improved the process of dispute
resolution in general and arbitration in particular.

Detailing about the advantages of strengthening institutional

arbitration, Justice Bhat spoke of a recommendation to set up
‘Arbitration Promotion Council of India’ to monitor the working of
arbitral institutions. He spoke of Justice Sri Krishna committee’s
recommendation to set up a specialist arbitration bar and
bench, which is not constrained geographically. He said “ Young
lawyers must have a support system consisting of experienced
and seasoned specialists to fall back on.”

Justice Bhat while emphasising  on the need for training

arbitrators remarked that as a result of insufficient training many
a times, conflicting awards are made, while noting that the
parties who arbitrate bear the brunt of such awards he said “as
a long term consequence, these hinder the development of law.”
He further noted that such suggestions even after being
codified in the statute will not be successful unless they are
supported by the government and stake holder.

Justice Bhat said “no tool however effective it might be will not
be successful unless arbitration is made mainstream.”

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11/16/22, 9:11 AM LawBeat | “Insufficiently trained arbitrators passing conflicting awards hinder the development of law” : Justice Ravindra Bhat

He commented on how parties misuse the concept of “seat of

arbitration” to oust the jurisdiction of of smaller cities and city
court. Justice Bhat said that such diversionary tactics result in
loss of time, he emphasised that its high time that such an issue
is sorted out by legislation. Justice Bhat emphasised on the
need for arbitration to be universalised and not concentrated in
a few sectors.

He said, “Today Delhi and Bombay have wherewithal but this

should spread to all cities.” Justice Bhat noted that spreading
awareness about ADR and the government incentivising the
arbitral institutions will act favourable to the sector.

Highlighting the need to ensure that arbitration is accessible to

all, Justice Bhat said, “access to quality arbitration cannot be
the right of only the privileged few. It should be available for
public at large.”

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