Desai, meanwhile, made a strong case for institutional arbitration over ad hoc proceedings. He said many of India’s arbitration problems, including poor appointments and a lack of scrutiny of awards, were symptoms of a broader dependence on ad hoc arbitration.
He suggested that India could even consider making institutional arbitration the norm and ad hoc arbitration the exception.
“The disease or the real issue if you want to tackle is the whole Ad Hoc versus Institutional framework.”
Desai said institutional arbitration was being adopted much faster than commonly perceived and could become the rule rather than the exception in the coming years.