New Delhi: The Supreme Court has praised the practice of the Bombay High Court to appoint young lawyers as arbitrators, saying it helps in training them in alternative dispute recovery mechanisms.
Hearing arbitration disputes about repairing cylinder prices, judge’s bench D Y Chandrachud and M R was valid said on Friday that both parties had agreed to a common name for the process.
“The Bombay High Court has now started the practice of appointing young lawyers who know knowledgeable as a minimal cost A little compared to others and do a very big job, “Bench said.
Judge Chandrachud remembered an incident when he was a judge in the Bombay High Court and someone was appointed as an arbitrator.
“Immediately, both parties came to us and said with our folded hands asking you to change the arbitrator …
(said) He was looking for more costs than what was fixed by the court.
So we direct that the cost will be charged according to schedule.
You see This is the problem.
“Bench said when appointing an arbitrator now, specifically mentioning that the fees will be charged according to the schedule.
Advice for a company called Supreme Cylinders Ltd said the arbitration process has been delayed since 2017.
Arbitrators appointed by the court, he added, repeatedly giving delays in one pretext to every seat.
He told the court that would be better if some other single arbitrators were lifted and the problem was decided without delay.
Advice said he wanted to improve the cylinder price by Bharat Petroleum which must be done immediately due to repeat delays in the arbitration process affecting his client’s business.
After hearing the party, the top court ordered, “In the replacement of arbitrators, which was appointed by this court order on April 24, 2017, all disputes and differences between the parties were called Justice Arbitration Naresh H Patil, the former justice of the High Court, namely in Bombay”.
It is said that the trial must start from the stage achieved before the previous arbitriter and the arbitration award must be done after hearing the final argument based on the evidence that has been placed on the note.
The top field says that remembering the stage achieved in the arbitration process, arbitrator costs are set at the amount of RS 15 Lakh.
This amount must be shared between the contest parties: respondents (Bharat Petroleum) will produce 50 percent of the amount, while the Plaintiff (Supreme Cylinders Ltd) must share a 50 percent balance in the same proportion.
It is said that no refund is claimed by the costs paid to the previous arbitrator, and no further amount must be paid towards costs, costs and costs.
“Given the fact that the arbitration process is waiting since 2017, the newly appointed arbitrator is asked to speed up the process and to provide an arbitration award preferably within a period of four months from the date of receipt of a certified copy of this order.
All parties have agreed to work with the time schedule which has been determined by the arbitrator without seeking delays, “Bench said.
SC Leuds Bombay HC Practice appoints young lawyers as arbitrators
