Harish Salve on Arbitration – Loss of Faith With Retired Judges Presiding

Senior advocate Harish Salve publicly expressed concerns regarding arbitration proceedings presided over by retired judges, suggesting a perceived conflict of interest and erosion of confidence in impartial dispute resolution. Salve argued that retired judges may carry biases or prior administrative affiliations influencing decisions, undermining the principles of neutrality essential to arbitration. He highlighted instances where arbitrators’ prior roles in public offices could affect their impartiality, especially in high-stakes commercial disputes. The commentary underscores the growing debate in India about institutional integrity, transparency, and the need for stricter guidelines in appointment of arbitrators. Salve emphasized that arbitration, while private, must maintain the credibility and fairness comparable to judicial proceedings, balancing efficiency with ethical accountability. His views align with calls for reforms to enhance arbitration governance, including stricter disclosure norms, conflict-of-interest checks, and procedural safeguards to preserve trust in alternative dispute resolution mechanisms.