CJI DY Chandrachud reveals he now appoints young lawyers instead of retired judges as arbitrators

Chief Justice of India (CJI) DY Chandrachud on Friday touched upon how the trend of appointing only retired judges arbitrators is on the wane given the talent pool among young Indian lawyers today..The CJI shared that among the 45 arbitrators appointed by a court presided over by him in the last few months, at least 23 were lawyers."My initial instinct was to appoint a retired judge because that is what we have done, a habit rooted in familiarity. But I now find myself pausing to tap from India's burgeoning pool of talented arbitration lawyers with the expertise, knowledge and skill to excel as arbitrators and there is so much work for everyone, especially young women lawyers who are completely displacing gender imbalance in the world of arbitration," he said..The Chief Justice of India argued for dispelling the myth that only retired judges make good arbitrators. Rather it may be the other way round - good arbitrators may make good judges, he observed. "We need to dispel the myth that only retired judges make good arbitrators, which of course they do, but to further experiment with the proposition that good arbitrators make good judges. As arbitration gains traction as preferred means of dispute resolution, it needs judges with specialised expertise. Members of the bar with extensive experience in arbitration have been appointed as judges in the High Courts. Advocates significantly experienced in international arbitration are being designated seniors by the Supreme Court of India," he said. .The CJI was speaking at the 'Conference on International Arbitration and the Rule of Law', organised by the Supreme Court of India to observe its 75th year coinciding with the 125th anniversary of the Permanent Court of Arbitration (PCA).Supreme Court judge Justice Sanjiv Khanna, former judge Justice Indu Malhotra, and Supreme Court Bar Association president Kapil Sibal also spoke at the event..In his address, the CJI gave a clarion call for India to take the lead in international arbitration.Retired Justice Indu Malhotra recounted that the PCA has conducted several politically sensitive cases around the world, including the Indus water treaty case, the maritime boundary case between India and Bangladesh, and the Italian marines case.Sibal stressed that the expeditious disposal of cases and well-drafted investment treaties were key for the economic progress of the global south. "It will be a win win for investors and us both; just as investors need us, we too need investors," he added. Justice Khanna said that adjudicatory interdependence is rarely spoken about in the media. "While the media and political leaders often talk about maintaining political world order, adjudicatory interdependence is rarely spoken about. Just as disputes are natural to human, so is their resolutions," he said..[Read Live Coverage]