Supreme Court Appoints Advocate Shraddha Deshmukh as Sole Arbitrator in International Dispute

 

The Supreme Court of India has appointed Advocate Shraddha Deshmukh as the sole arbitrator in an international commercial arbitration case, marking a significant departure from the traditional practice of appointing retired judges. This decision was taken in the case of Acarer Metal Sanayi Ve Ticaret AS v. Lalwani Ferro Alloys Ltd. The appointment was made by a bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra, signaling a progressive shift in arbitration practices within the country.

Background of the Appointment

Shraddha Deshmukh's appointment comes at a time when the practice of appointing only retired judges as arbitrators has been widely criticized for various reasons, including potential biases and lack of diversity in arbitrators' backgrounds. The decision to appoint an advocate instead highlights the judiciary's willingness to embrace change and promote a broader pool of arbitrators, reflecting contemporary legal and commercial realities.

Advocate Shraddha Deshmukh's Credentials

Advocate Deshmukh holds a Bachelor's degree in law from Indian Law Society's (ILS) Law College, Pune, earned in 2010. She further pursued her Master’s degree from the University of Oxford, showcasing her academic excellence. Her professional journey includes associations with prestigious law firms and prominent senior advocates. From 2011 to 2014, she was associated with Karanjawala & Company, followed by a tenure at Amarchand & Mangaldas & Suresh A Shroff & Co. Between 2014 and 2018, she worked with Senior Advocate Akhil Sibal before moving on to work with Senior Advocate KK Venugopal, the Attorney General for India at that time. Since 2018, Deshmukh has been practicing independently before the Supreme Court of India.

Significance of the Appointment

The Supreme Court’s decision to appoint Advocate Deshmukh as a sole arbitrator is a notable move towards enhancing the arbitration landscape in India. It underscores the Court's recognition of the need for diversity and fresh perspectives in arbitration, which is essential for fair and unbiased dispute resolution. This move can inspire confidence among international commercial entities regarding India’s commitment to upholding high standards in arbitration.

Reactions and Implications

The legal community has welcomed this appointment, viewing it as a step forward in the evolution of arbitration practices in India. It aligns with the broader global trends of diversifying the pool of arbitrators and reducing reliance on retired judges. By appointing a practicing advocate with a strong background in both national and international legal arenas, the Supreme Court has set a precedent that may encourage more inclusivity and variety in future arbitrator appointments.

Conclusion

Advocate Shraddha Deshmukh’s appointment as the sole arbitrator in an international commercial arbitration case is a progressive decision by the Supreme Court of India. It reflects a shift towards a more diverse and dynamic arbitration environment, moving away from the conventional practice of appointing retired judges. This decision is expected to have a positive impact on the arbitration landscape in India, promoting fairness and credibility in the dispute resolution process.

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