Arbitration by Retired Judges: Justice K.V. Viswanathan’s View on Seniority, Merit, and Stakeholder Confidence

The proposition is that appointing retired judges as arbitrators gives parties assurance of neutrality, experience and integrity. Justice Viswanathan appears to argue that in many cases, especially involving high-value or complex disputes, stakeholders prefer arbitrators with judicial background because they perceive them as less susceptible to bias, more accustomed to legal reasoning, and more comfortable handling procedural rigours. However, this view coexists with concerns about over-concentration of appointments in a small group, delays, potential lack of technical speciality, and whether retired judges can give adequate attention given other commitments. The discussion likely contrasts confidence in traditional figures versus need to broaden to domain-experts and practitioners.