SC Welcomes Bombay HC’s Practice Of Appointing Young Lawyers As Arbitrators | India News

NEW DELHI: The Supreme Court has welcomed the Bombay High Court’s practice of appointing young lawyers as arbitrators, saying it helps train them in alternative dispute resolution mechanisms.
Hearing an arbitration dispute over bottle pricing, a bench of Judges DY Chandrachud and MR Shah said on Friday that it was good that the two sides had agreed on a common name for the process.
“The Bombay High Court has now started to appoint young, experienced lawyers as arbitrators at minimal cost. These young lawyers consider it an honor to be appointed by the High Court. They do the job diligently and finish it in two or three sessions. They even charge less than the rest and do a huge job, ”said the bench.
Judge Chandrachud recalled an incident when he was a judge at the Bombay High Court and someone was appointed as arbitrator.
“Soon both parties came to us and told us with joined hands that we are asking you to change arbitrator… (saying) that he is claiming more fees than what was set by the court. We therefore ordered that the fees be billed according to schedule. You see that is the problem.
The court said that when it appoints an arbitrator now, it specifically mentions that the fees are to be billed according to the schedule.
The lawyer for a firm called Supreme Cylinders Ltd said arbitration proceedings have been ongoing since 2017. The court-appointed arbitrator, he added, has repeatedly granted adjournments under the pretext of a other despite the fact of billing each session.
He told the court that it would be better if another sole arbitrator was appointed and the case decided without adjournment.
The lawyer said he wanted Bharat Petroleum’s bottle pricing to be done urgently because the repeated adjournments of the arbitration process affect his client’s business.
After hearing the parties, the highest court ordered: “In replacement of the arbitrator, who was appointed by order of this Court dated April 24, 2017, all disputes and disputes between the parties are submitted to the exclusive arbitration of Judge Naresh H. Patil, former Chief Justice of the Bombay High Court of Justice ”.
He said the proceedings would start from the stage reached before the previous arbitrator and that the arbitral award should be rendered after hearing the final arguments on the basis of the evidence already on file.
The highest court said that in view of the stage reached in the arbitral proceedings, the arbitrator’s fees are set at a lump sum of Rs 15 lakh. The amount will be shared between the disputing parties: the defendants (Bharat Petroleum) will bear 50 percent of the amount, while the plaintiffs (Supreme Cylinders Ltd) will share the balance 50 percent equally.
He stated that no reimbursement was requested for fees already paid to the previous arbitrator and that no further amount would be payable for fees, costs and expenses.
“Taking into account that the arbitration proceedings have been pending since 2017, the newly appointed arbitrator is requested to expedite the proceedings and render the arbitral award preferably within four months from the date of receipt of a certified copy of this ordinance. . All parties have agreed to cooperate with the timetable that has been set by the arbitrator without asking for an adjournment, ”said the judiciary.
Source link

About Bernice Dyer

Bernice Dyer

Check Also

New York attorneys indicted over Molotov cocktail pleaded guilty in October

Firefighters work on a burnt-out NYPD police car as protesters clash with police during a …

Leave a Reply

Your email address will not be published. Required fields are marked *