Section 11 in Jammu and Kashmir Arbitration and Conciliation Rules, 1998
11. Appointing Judges as Arbitrators
The system of appointing Judges as arbitrators though legal and convenient, is open to objection. A party may some times be compelled against his wishes to agree to such an arbitration, and it may be difficult for a litigant to raise objections successfully to an award on the ground of erroneous procedure or technical misconduct of the arbitrator before the Court when the presiding officer was himself the arbitrator. Further, it is undesirable that Judges who have given awards as arbitrators should be subject to reckless personal charges at the instance of suitors disappointed by an award. The practice, therefore, of presiding Judges acting as arbitrators is undesirable.
