tag:blogger.com,1999:blog-8429122404476438989.post1304011660564513514..comments2024-03-05T01:13:08.033+05:30Comments on Lex Arbitri - the Indian Arbitration Blog: GoI to shun the "litigation giant" tag: Moily promises to be good to arbitrationDeepak Rajuhttp://www.blogger.com/profile/10227775347125508118noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-8429122404476438989.post-34057433830889673962010-06-25T09:28:07.069+05:302010-06-25T09:28:07.069+05:30Often, my commercial department insists on having ...Often, my commercial department insists on having technical persons as arbitrators. Invariably I delete the portion of the arbitration clause necessitating appointment of technical persons as arbitrators not because I believe the retired judges make better arbitrators (mostly they do not), but because of two concerns I mention below... On the issue as to appointment of technical persons in 'technical' arbitrations instead of arbitrators, there are two fundamental problems:<br /><br />a) Most of the technical persons might be well connected with either of the parties, or at times, even both and there might be impartiality related issues. Retired judges, on the other hand, are expected to be independent. (though, I am not sure if they really are, mostly because they favour the side which appointed them so they would be appointed as arbitrator in future).<br /><br />b) the award which the technical person might render might not meet the strict legal standards of S. 34(2)(b)(ii) which the Indian courts have laid down. Technically or Techno-commercially the award might make sense but from a strictly legal point of view, it might not...Badrinath Srinivasanhttps://www.blogger.com/profile/11123853000962107353noreply@blogger.com