Arbitration is broadly defined as a non-judicial
process of resolving disputes. The key word here is
"non-judicial", meaning outside the rigid structures of
court processes.
Yet, experience shows that predominantly in India (and to some
extent even elsewhere in the world), the judicial process is deeply
inter-twined within the arbitration process because parties
typically choose or are offered retired judges as arbitrators and
parties almost always engage batteries of senior lawyers to
represent them. This has a two-fold effect on the arbitration
process. Judges can rarely give up their years of judicial
discipline and rigor, and therefore require parties to follow a
process which is not too dissimilar to a judicial process.
Similarly, lawyers are unable to move away from their legal
training and therefore, present all the legal technicalities in
arbitration as they would in a courtroom, and of courses the
ex-judge arbitrator allows it. This means that in
