LatestLegal Updates 1 October 2026
Justice Sikri Warns Against Mediator‑Arbitrator Conflict in Med‑Arb Clauses
Justice (Retd.) A.K. Sikri cautioned at the Commercial Mediation Conclave 2026 that a mediator who later acts as an arbitrator violates core principles of fairness, potentially undermining the credibility of Med‑Arb arrangements. He highlighted that arbitration now resolves 60‑70% of commercial disputes in India, making the integrity of the process crucial for business confidence.
Justice (Retd.) A.K. Sikri spoke at the Commercial Mediation Conclave 2026, stressing that a mediator cannot later serve as an arbitrator under the same Med‑Arb clause.
- Arbitration now handles about 60‑70% of India’s commercial cases.
- Allowing the same individual to switch roles threatens impartiality and can lead to biased outcomes.
- Sikri urged parties to draft clear, separate appointments for mediation and arbitration to preserve trust.
For full details, see the original article here.
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