Who Judges the Judges? Justice Nagarathna Exposes the ‘Accountability Vacuum’ in Indian Arbitration

At a time when arbitration is gaining importance in dispute resolution, Justice B V Nagarathna pointed out a key concern: there is still no proper forum to deal with complaints against arbitrators. She highlighted, while speaking in New Delhi, that this gap raises serious issues of accountability in a system that is otherwise seen as a reliable way to resolve disputes.

Speaking at an international conference hosted by the Indian Council of Arbitration, the judge highlighted the increasing reliance on arbitration and mediation in commercial disputes, particularly cross-border matters. However, she pointed to a structural imbalance, while arbitration is gaining prominence due to efficiency and flexibility, mechanisms to address allegations of bias or misconduct remain underdeveloped. Courts, she noted, are often hesitant to intervene or replace arbitrators, particularly when they are former judges, creating a vacuum in accountability.

Justice Nagarathna emphasised that trust is the backbone of arbitration and warned that even isolated allegations of bias could erode confidence in the system. She observed, “There is no forum as such where a misconduct of an arbitrator is complained against except before a court,” while adding that courts themselves are cautious in acting against arbitrators. At the same time, she reinforced that arbitration and mediation are no longer secondary options but essential pillars of a modern justice system, especially for complex commercial disputes requiring flexible and consensual resolution.

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