Interview with Mr. Sunil Mallan, Advocate Supreme Court, Punjab & Haryana, High Court On Arbitration By Shelal Lodhi Rajput

Shelal:  Sir, can you please tell me about yourself and how did you gain the expertise needed to be an arbitrator?

Mr. Mallan: I am Advocate Arbitrator, practicing in Supreme court of India and Punjab & Haryana High Court. You can know more about me just google my name. Addressing to later part of question I gained the expertise needed to be an arbitrator through my experience and before it first of all you should know what is arbitration? I have dealt with the cases mainly related to techno field as I am technocrat advocate arbitrator, the expertise comes with the experience and just continuously indulge in field as in my case two things are important technical knowledge of matter and legal knowledge. I was earlier an engineer so it will give me a comfort zone for dealing with matters related to industry. I also get enrolled in many associations like ICAR etc.

Shelal: Sir, why do you think arbitration is an important part of the law, with reference to Indian Context?

Mr. Mallan: I think it is best way to resolve disputes as it is speedy and it gives parties a way to solve their issues when they cannot afford the legal fees for a more formal trial. With the changing time arbitration is given due respect to process, procedure and true spirit of law and definitely it is a best tool to solve your complex problem in an easy way to resolve your dispute in a limited timeframe. In Indian context it is now popularizing among big commercial issues as the court proceedings take time so it’s the best way.

Shelal: Sir, what methods do you use to mediate a discussion and in which cases mediation is the need of an hour?

Mr. Mallan: The method used by me to mediate the dispute is first to sit together and to frame some issues of case which is at hand and ask both the parties is it mediated through amicable way, if they say no then even you can give them a total loss total benefit and procedural cost. If mediation in the commercial dispute can be solved logically then it would be a best thing. Most of the time mediation are successful but the sine qua non is both the parties must be genuine if anyone of them is willfully exaggerating the matter then it is not possible. The cases related to commercial matters and many a times family matters also can be resolved through mediation in the best way by saving of time and money of parties and in every civil matter there is a chance of mediation most of time

Shelal: Sir, can you tell how decision-making skills played an important role in process of arbitration for you as of now ?

Mr. Mallan: Many a times I used this skill as you are the mediator so you have take the final call, your skill of decision making are based upon on your educational qualification, knowledge and most important your practical knowledge and how much experience you have in that particular field. The intellectual level available in a person is main factor for it and when you have decision making skill then it definitely increases your impression Infront of parties for which you are mediating.

Shelal: Sir, how we can become a good arbitrator and do you suggest any changes that  needed in arbitration methods to promote it in India?

Mr. Mallan: As I told that your qualification, technical knowledge, your knowledge in that field as in my case I am Advocate Arbitrator-techno legal expert so I can easily mediate the matters related to my domain. To become a good arbitrator or good advocate or to excel in any profession you have desire at fire to learn new things in that field, if you will talk logically legally and with complete research on your matter in legal field definitely you will excel in your profession.

The Changes needed are that there should be more arbitration centers at least district wise in every district and new -comers should be given chance to be co-arbitrator so that they can learn more about the process with seniors. Lastly, there should be equal distribution of work as per the quality and qualification of work to arbitrators so if he/she can’t handle, parties can appoint new arbitrator as per their needs.