For the better part of a century – or perhaps even
longer – arbitration has been the preferred method of
dispute resolution in the maritime industry. Just as the concept of
'look and sniff' arbitration developed for commodity
quality disputes, arbitration was presumably seen as the ideal
means of dispute resolution, involving arbitrators appointed from
within the industry seeking to resolve disputes expeditiously and
inexpensively without the need for legal intervention.
In this article we look at the current state of affairs for
arbitration and the debate surrounding legislative reform.
The changing face of arbitration
In a paper delivered at a Chartered Institute of Arbitrators
International Dispute Resolution Conference in Kuala Lumpur last
year, and published in (2009) 75 Arbitration 231, Bruce Harris, a
leading maritime arbitrator, reflected upon his years of experience
in maritime arbitration in London. Harris stated:
