Article 136 misuse hurting arbitration, need to have domain experts: V-P

Vice President Jagdeep Dhankhar on Saturday said the provision of special leave petition was supposed to be a "narrow slit" but is now hurting the arbitral process due to its wide use.

He also stressed on the need to have domain experts in arbitration cases, saying experts in varied areas can be utilised in handling complex matters involving commercial disputes.

Addressing a conference on arbitration here, Dhankhar drew the attention towards the use of Article 136 and its impact on the arbitral process.

"... Article 136 intervention was supposed to be a narrow-slit. The wall has been demolished with anything and everything under the sun, including what a magistrate has to do, what a session judge has to do, what a district judge has to do, what a high court judge has to do," he said.

Article 136 of the Constitution allows the Supreme Court to grant "special leave" to appeal from any judgment or order. It is called as a special leave petition (SLP).

Dhankhar said the "wall demolition" is also hurting arbitral process.

"All I am suggesting in all humility and as the concerned citizen of this country that the issue which you are debating is of critical importance to micro, small industries. They want facile, easy arbitral process," he said.

Emphasising on the need for participation of domain experts in arbitration, the vice president referred to the observation of former Chief Justice of India D Y Chandrachud that arbitral process has become an "old boys club".

Without naming Justice (retd) Chandrachud, he said the former CJI was referring to retired judges participation in the arbitral process.

"I should not be misunderstood even for a moment. Retired judges of this country are asset to arbitral process ... But there are areas where the arbitral tribunal needs to be supplemented by experts in the field of oceanography, in aviation, in infrastructure".

Dhankhar also lamented that India is nowhere near in becoming a centre of international arbitration.

"We are not in the mind of people who are having commercial relationship with us if it is international commercial arbitration," he said.