WHEN THE CURE BEGINS TO RESEMBLE THE DISEASE – GROWING CONCERNS IN ARBITRATION

International arbitration has long been marketed as the efficient, party driven alternative to court litigation because it provides a faster, cheaper, and more attuned to commercial realities of the disputes it resolves. Yet at the 4th ICA Conference, Justice Surya Kant offered a sobering diagnosis of the system’s present state, one that practitioners and scholars can no longer afford to ignore. In his words, “The remedy has come to resemble the disease it was designed to cure .” This blog unpacks that critique, tracing three reasons identified by Justice Kant before considering what a genuine course correction might look like.