4 days ago
India Must Build Credible Arbitration Institution, Address Bias Concerns: Rohatgi
Mukul Rohatgi said India should create a strong arbitration center of its own.
Arbitration is a way to settle business disagreements outside regular courts.
He said many disputes involving Indian companies are handled by institutions outside India.
He also said Indian lawyers may not be chosen often enough to serve as arbitrators in these cases.
Rohatgi expressed concern that tribunals can include more foreign than Indian arbitrators.
He suggested experienced Indian judges and lawyers should receive more leadership roles.
He questioned a reported damages award in the Tata Power-Kleros case.
He also said possible connections between arbitrators and the parties should be disclosed.
Former Attorney General Mukul Rohatgi urged India to create a domestic arbitration institution able to compete with global centers such as the Singapore International Arbitration Centre.
He said Indian lawyers receive limited appointments in international disputes involving Indian parties and argued representation should reflect India’s contribution to institutional caseloads.
Rohatgi described tribunal compositions involving Indian companies as often comprising one Indian and two foreign arbitrators, raising concerns about perceived bias.
He suggested retired Supreme Court judges and experienced Indian jurists be considered for presiding arbitrator roles.
Rohatgi questioned the reported damages in the Tata Power-Kleros arbitration and called for disclosure of professional relationships that could affect perceptions of impartiality.
- Who
- Former Attorney General of India and senior advocate Mukul Rohatgi.
- What
- He called for a credible Indian arbitration institution and raised concerns about arbitrator representation, tribunal balance, damages, and conflict disclosures.
- Where
- The remarks were reported from Bhubaneswar and concerned international arbitration institutions and disputes.
- When
- The remarks were made during an appearance on NewsX’s legal show Legally Speaking; the article does not provide a date.
- Why
- Rohatgi said India should handle more disputes domestically and address concerns about perceived bias and arbitrator independence.
Key facts
- Speaker
- Mukul Rohatgi, former Attorney General of India and senior advocate
- Proposed institution
- A credible domestic Indian arbitration institution
- International comparison
- Singapore International Arbitration Centre
- Representation concern
- Rohatgi said Indian lawyers have limited appointments in disputes involving Indian parties
- Tribunal composition
- He said tribunals involving Indian companies often comprise one Indian and two foreign arbitrators
- Disputed award
- The reported Tata Power-Kleros award was around $500 million, or approximately ₹6,500 crore
- Disclosure concern
- Rohatgi said relevant professional relationships involving arbitrators should be disclosed
Quotes
Mukul Rohatgi
Former Attorney General of India and senior advocate
“Why should we outsource our arbitration to SIAC? We should build a credible institution in India so that disputes involving Indian parties can be administered and heard here,”
deccanchronicle.com
“The issue is not merely whether actual bias can be proved; relevant relationships must be disclosed so that the parties can take an informed decision,”
deccanchronicle.com
Sources
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