Abstract
THE EDITOR of Russell's classic work on arbitration had reminded his readers (in the 19th edition) that in arbitration there was the never-ending war between two irreconcilable principles – the high principle which demands that justice be done though the heavens fall, and the low principle which demands that there shall be an end to litigation. In the 20th edition of Russell the same editor has reported that by enacting the English Arbitration Act of 1979, ‘The United Kingdom may have veered towards the low road’. In India we have had our Arbitration Act since 1940 – it governs domestic and reaches out to foreign arbitrations as well; it is based on the ‘high principle’ and the party losing never lets the Court forget it! In 1984 the late Mr Cedric Barclay, who had spent a lifetime in arbitration, wrote that ‘most arbitrations end peacefully and with little invective’. In...
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