SC judge advocates separate arbitration acts for domestic and foreign awards
Justice Malhotra was speaking on “Arbitration Highlights Need to Shift From Ad Hoc to Institutional Arbitration” at the 12th annual international arbitration conclave, organised by Nani Palkhivala Arbitration Centre, according to a statement.
There should have been two arbitration acts -- one for domestic and another for foreign awards -- because the regimes are entirely different, Supreme Court judge Indu Malhotra said at a conference here on Saturday.
Justice Malhotra was speaking on “Arbitration Highlights Need to Shift From Ad Hoc to Institutional Arbitration” at the 12th annual international arbitration conclave, organised by Nani Palkhivala Arbitration Centre, according to a statement.
“There should have been two acts, one for domestic arbitration and one for imposing foreign awards, because the regimes are entirely different, and sometimes in the interpretation of one part, one tends to look at the other part which may create confusion,” she said. Leigh-Ann Mulcahy QC, Fountain Court Chambers, London, while speaking at the conclave, talked about the need to safeguard party access to a limited pool of arbitrators, the statement said. “The need for impartiality among arbitrators is important in a system that is autonomous. Parties have to be comfortable with the arbitrator who will resolve their dispute,” Mulcahy added.
