"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Monday, December 21, 2020

Ad hoc Arbitration and Its Enemies: Paper Review

 Ad hoc arbitration and its Enemies is an interesting speech given in the International Congress of Maritime Arbitrators (ICMA XXI), Rio de Janeiro, 9 March 2020, published in the recent issue of Arbitration. The paper provides an overview of ad hoc arbitration in the international arbitration landscape but in terms of normative arguments in support of it, we do not see much. Notwithstanding that, in a country like India where ad hoc arbitration is the norm, the paper is a timely reminder that while institutional arbitration needs to be encouraged, ad hoc arbitrations should not be left out of the lens of reform. 

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