Commerce cannot wait - this mantra was the focal point of his speech at an event organized by Bombay Bar Association (BBA) and Arbitration Bar of India (ABI) on September 21.

He said that courts are unable to ensure timely disposal of arbitration matters due to their heavy workload.

Hence, he outlined how specialised arbitration tribunals could ensure swift and effective resolution of commercial disputes, preventing unnecessary delays that stifle business.

"They should be there to do what the courts are doing today and are not able to do effectively because of the backlog. Not because they are inefficient. But they just don't have the time," he stated.

At the heart of his proposal was a call to amend the Arbitration Act by replacing the term “court” with “arbitration tribunal.” He explained that specialized tribunals staffed with domain experts could more effectively manage arbitration applications and appeals than traditional courts currently overwhelmed by large caseload.

"Change the word ‘Court’ appearing in the Arbitration Act to Arbitration Tribunal. Change the forum of hearing appeals under Section 37 of the Arbitration Act from the High Court to specialized Arbitration Appellate Tribunals. They can be manned by experts, domain experts, retired judges and even lawyers who are willing to give up their time and be participants to this," he suggested.

Specifically on the composition of such tribunals he said,

"I know what the immediate reaction of most people to this suggestion would be -, “we know how tribunals function”. But I think this Arbitration Tribunal which I am talking about should be filled with domain experts. We have so many retired judges. So many of them are familiar with arbitration. So many are doing great work in arbitration. We have so many counsel as we were told by the speakers before me, who have a tremendous amount of experience in arbitration and who have done international, domestic and other arbitration," he said.

Dwarkadas also gave a broad picture of the cases that should be heard by the tribunals.

"All your arbitrations applications, whether under Part I or Part II of the Arbitration Act which are currently being entertained by single-judges, ought to be entertained by specialized Arbitration tribunals. All appeals which are currently being entertained by Division Benches of Courts, particularly form challenges to final awards, ought to be filed and entertained by specialized Arbitration Appellate Tribunals. Tribunals – which may be four in number across the country. The Arbitration Tribunal or the Arbitration Appellate Tribunal, ought to be manned by experts who will be able to deliver faster, quicker and more efficient justice immediately," he suggested.

The senior lawyer said that ten to fifteen such tribunals can be established across the country, particularly in metro cities such as Bombay, Delhi and Chennai, which require such tribunals.

"You can even have more than one in each metro. But have a tribunal with domain experts. Utilize your talent. Put them there," he opined.

He also proposed that the final appeal in arbitration cases would lie with the Supreme Court, which could establish a dedicated bench of judges experienced in arbitration to expedite the decision-making process.

NHRC Chairperson Justice HL Dattu completes tenure