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SG Tushar Mehta Flags Integrity Crisis in Arbitration, Calls for Parliamentary Intervention
['Sanya Talwar']
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Solicitor General of India Tushar Mehta has raised alarm over what he described as a deepening integrity crisis in India’s arbitration system, warning that confidence in arbitration has eroded to such an extent that Parliament may have to step in with corrective legislation.
To restore confidence, he floated the idea of a law mandating that all arbitral awards be published on a single platform.
Arbitrators Compared to Film StarsIn one of the sharpest lines of the evening, Mehta mocked the growing delays in arbitration proceedings.
Section 34 and the Burden on CourtsTurning to the law, Mehta described Section 34 of the Arbitration and Conciliation Act — which governs challenges to arbitral awards, as vague and prone to subjective interpretation.
“Arbitral award has to be a reasoned award and the word ‘reasoned award’ would necessarily mean reason of the arbitrator.
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