Experts as Arbitrators

Introduction

In the modern world, where disputes between private parties are becoming more complex and valuable, the need for online arbitration and experts as arbitrators has grown significantly. While traditional legal systems rely on judges who are knowledgeable in various areas of law, they may not always be subject matter experts unless they have developed specializations within specific fields. In such cases, lawyers assist the judge in understanding the details of the dispute. Arbitration, however, operates under time constraints, meaning issues must be addressed more quickly than in traditional litigation, which allows for longer, more in-depth consideration.

The Arbitration Amendment Act of 2019
The Arbitration and Conciliation (Amendment) Act of 2019 has played a crucial role in promoting India as an arbitration-friendly jurisdiction. A High-Level Committee under the leadership of Justice B. N. Srikrishna was tasked with making recommendations to encourage institutional arbitration, among other improvements. As a result, institutions offering Alternative Dispute Resolution (ADR) services have expanded their panels to include a wide range of subject matter experts as arbitrators and mediators, enabling them to handle increasingly complex disputes across various industries, such as finance, energy, information technology, and intellectual property rights (IPR).

This initiative aligns with the Amendment Act, which empowers institutions to assist the High Court and Supreme Court in the appointment of arbitrators. This step significantly enhances the role of experts in the arbitration process, including online arbitration platforms, which have become an efficient way to facilitate dispute resolution.

Experts as Arbitrators
Traditionally, retired judges from the High Court and Supreme Court have been appointed as arbitrators due to their legal knowledge. However, as industries evolve and become more complex, arbitration today greatly benefits from the inclusion of subject matter experts. These experts bring specific insights that are essential to resolving disputes in their areas of specialization:

Industry Expertise: Experts bring a deep understanding of their specific industry, allowing them to navigate complex disputes more effectively than non-experts. Their up-to-date knowledge of industry developments, combined with their legal understanding, makes them ideal candidates for arbitration.

Clarity in Complex Issues: Experts have the ability to break down complicated, technical facts, allowing for clearer issue framing and a more precise resolution process. This ensures that the arbitration is grounded in factual accuracy, benefiting all parties involved.

Time Efficiency: By leveraging the technical know-how of experts, arbitration can be expedited. Experts can immediately identify the key issues, which reduces the need for multiple hearings and accelerates the dispute resolution process.

Improved Procedural Guidance: Experts also offer valuable suggestions on procedures that can facilitate a quicker resolution. Their specialized knowledge ensures that the arbitration process remains relevant and efficient without getting bogged down by the complexities of the case.

Quality of Orders: Experts improve the quality of the final award by providing well-informed, grounded decisions. This helps avoid challenges in court, as their specialized knowledge ensures that the resolution is based on clear and thorough analysis.

Objectivity and Analytical Insight: Experts approach disputes with a high level of objectivity, using their knowledge to provide analytical insights into complex technical issues. Unlike in litigation, which often leads to emotionally driven decisions, experts maintain neutrality, ensuring that disputes are resolved based on facts and expertise.

As arbitration continues to grow in importance, the role of online arbitration is also expanding. Online arbitration platforms make it easier for experts to participate in dispute resolution, regardless of location, increasing the speed and efficiency of the process. These platforms allow arbitrators and parties to engage in proceedings remotely, which further improves accessibility and reduces the costs typically associated with in-person arbitration.

In Conclusion
The future of arbitration involves a stronger emphasis on experts across various industries, whether in traditional or online arbitration settings. Experts bring a level of precision and efficiency that can transform the ADR ecosystem, ensuring faster, more reliable resolutions of disputes. By incorporating online arbitration, the dispute resolution process becomes even more flexible, cost-effective, and accessible, allowing experts to play a vital role in resolving complex issues swiftly and effectively.