New Delhi: Supreme Court Justice BV Nagarathna on Saturday said mediation and arbitration have become an integral part of a modern and responsive justice system and should not be seen merely as an alternative to traditional litigation. However, he highlighted the absence of a forum to deal with complaints against arbitrators who, in most cases, are retired judges whom courts are reluctant to remove. “There is no forum where a complaint against an arbitrator’s misconduct is made except the court. And courts are very wary of changing arbitrators because many arbitrators are former judges, chief justices,” he said. He emphasized that for arbitration proceedings to be successful, there must be trust among the litigants and allegations of bias or misconduct can undermine confidence in the system. Speaking at the international conference on ‘Arbitration in the Age of Globalization’ organized by the Arbitration Council of India in the national capital, Justice Nagarathna said there has been a marked shift from traditional methods of dispute resolution towards alternative mechanisms such as mediation and arbitration. He said, “Disputes are not just about legal questions, but also about social, commercial and relational questions, which may require a more voluntary resolution than a court decision. Therefore, arbitration and mediation are not mere alternatives to litigation, but integral parts of a modern and responsive justice system.” Justice Nagarathna said arbitration has emerged as the most preferred method to resolve cross-border commercial disputes due to its advantages such as neutral forums, procedural flexibility, confidentiality and party autonomy.