Law and justice explained
Who can serve as an arbitrator and what qualifications are required?
An arbitrator need not invariably be a lawyer or retired judge. The agreed qualifications, relevant expertise, independence, impartiality and Section 12 disclosure/eligibility requirements matter.
Written by
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur
Key points
- Who can serve as an arbitrator and what qualifications are required?
- Direct answer An arbitrator need not invariably be a lawyer or retired judge.
- The agreed qualifications, relevant expertise, independence, impartiality and Section 12 disclosure/eligibility requirements matter.
Detailed analysis
Understanding law and procedure
Who can serve as an arbitrator and what qualifications are required?
Direct answer
An arbitrator need not invariably be a lawyer or retired judge. The agreed qualifications, relevant expertise, independence, impartiality and Section 12 disclosure/eligibility requirements matter.
Legal position and important distinctions
A construction clause may contemplate a technical expert rather than a judge.
Scheduled relationships can affect independence or eligibility.
How the situation works in practice
- Institutional panel qualifications may add contractual requirements.
- Party choices are subject to mandatory legal safeguards.
Practical next steps
- List the contractual qualifications.
- Obtain disclosures and conflicts information.
- Assess expertise, availability and fees.
Avoid this common mistake
Prestige or office alone does not replace scrutiny of conflicts and eligibility.
Official legal source and disclaimer
India Code — Arbitration and Conciliation Act, 1996
General legal information only. The result depends on the agreement, applicable amendments, dates, jurisdiction and record. This is not individual legal advice or a promise of success; verify the current law and binding decisions before publication or action.
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About the author
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur।
Publishes informational articles on Indian law, judicial decisions and practical legal issues.
Editorial note: Analysis and commentary reflect the author’s understanding and opinion. Law, facts and judicial developments may change; check primary sources and your own circumstances before acting.