Bombay High Court Justice Sharmila Deshmukh on Lawyers' Dual Role in Arbitration

• Bombay High Court Justice Sharmila Deshmukh urged legal practitioners to recognise their dual responsibility as advocates and arbitrators.
• The judge highlighted the importance of understanding arbitration as a parallel system of justice rather than an adjunct to traditional court litigation.
• Justice Deshmukh drew from her experience handling Section 34 challenges to note that the body of law developed on this enactment is largely driven by the ingenuity of advocates who interpret it in innovative ways.

The judge drew from her experience in handling Section 34 challenges to highlight, 'Sitting on this assignment I have realised the significant development of arbitration when I realised that the body of law which has been developed on an enactment which is only of 87 sections, 90% of it goes to the ingenuity of the advocates who interpret it in such an amazing way that it has developed exponentially.'

Bombay High Court Justice Sharmila Deshmukh recently addressed the evolving role of lawyers in India's arbitration landscape. Speaking at an event organised by the Mumbai Centre for International Arbitration (MCIA), the judge urged legal practitioners to recognise their dual responsibility as advocates and arbitrators.

The event, themed 'Crossing the Floor – Life on Both Sides of the Arbitration Table', brought together experts from various fields to discuss the intersection of arbitration and court litigation. Justice Deshmukh's address set the tone for the discussion, highlighting the importance of understanding arbitration as a parallel system of justice rather than an adjunct to traditional court litigation.

The judge drew from her experience handling Section 34 challenges, noting that the body of law developed on this enactment is largely driven by the ingenuity of advocates who interpret it in innovative ways.

In India, arbitration has gained significant traction as a preferred method for dispute resolution. The country's arbitration landscape is shaped by various laws and regulations, including the Arbitration and Conciliation Act, 1996. Section 34 of this act deals with the setting aside of arbitral awards, and Justice Deshmukh's experience in handling challenges under this section has given her valuable insights into the development of arbitration law.

The judge's comments on the role of advocates in arbitration are significant, as they highlight the need for lawyers to develop their skills beyond traditional court litigation. By sitting as arbitrators, lawyers can gain a deeper understanding of how cases are handled outside of traditional court proceedings.

Justice Deshmukh's remarks on the dual role of advocates in arbitration have important implications for the legal profession in India. As the country continues to develop its arbitration landscape, it is essential that lawyers are aware of the evolving role of advocates in this field.

By developing their skills as arbitrators, lawyers can provide valuable insights into how cases are handled outside of traditional court litigation. This can lead to more effective dispute resolution and a better understanding of the arbitration process. Ultimately, Justice Deshmukh's comments underscore the need for lawyers to be adaptable and open to new challenges in the ever-evolving field of arbitration.

Lawyers should be aware of the evolving role of advocates in arbitration and consider developing their skills to sit as arbitrators, which can provide valuable insights into how cases are handled outside of traditional court litigation.

Source: Original reporting via Bombay High Court Justice Sharmila Deshmukh at MCIA event