Retired judge-led arbitration prompts loss of faith, claims Harish Salve
In a panel discussion titled "Understanding Sports Arbitration," held as part of the Mumbai Centre for International Arbitration (MCIA) ADR Week, senior advocates Harish Salve and Dewan raised concerns about the current state of sports arbitration in India.
Dewan asserted that if national law offers better protection to an athlete, it should take precedence over contractual rights. He argued that even disputes of critical public importance can be treated as commercial for arbitration purposes, and broadcasting disputes should follow this trend. However, he criticized the current state of arbitration in India, stating that Indian judges are over-interventionists.
On the other hand, Salve expressed concerns about tribunals headed by retired judges, a feature of the National Sports Governance Act (NSGA), 2025. He argued that transplanting retired judges into sports tribunals could replicate the problems that have hampered arbitration in India. In reference to the Vinesh Phogat case, he highlighted the importance of fair representation and properly framed rules for athletes.
Salve also contrasted the Indian approach with that in England, pointing to the English Arbitration Act's greater powers for the English commercial court to interfere in arbitration cases. He noted that the presence of retired judges in sports tribunals risks undermining credibility and public trust.
Dewan emphasized the need for clarity about what disputes the proposed national tribunal would adjudicate, questioning whether it would only handle administrative disputes. He also stated that broadcasting disputes should not be subject to writ petitions under Article 226 or Article 32.
The session, moderated by Manmeet Singh, featured a panel including Salve, Dewan, Karan Bharadwaj, Kirtan Prasad, and Vandana Gupte. Salve drew a distinction between property disputes, such as those over broadcasting rights, and disputes that directly affect athletes' lives and careers. He stated that having a retired judge and a statutory tribunal in India needs to be subject to judicial review under Article 226.
The discussion served as a timely reminder of the need for a balanced and effective sports arbitration system in India, one that protects the rights of athletes while ensuring the smooth functioning of the sports industry.
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