Saturday, July 17, 2010

Delay in arbitration to make arbitrator liable for capital punishment (!)

Recently, I met a professor of ADR in a leading law school in India. Among other things, the discussion drifted to the papers of an examination he had evaluated recently. This professor has, in the past been very generous in sharing humorous bits from answer scripts evaluated by him and apparently intends to publish a seminal work consisting of "pearls of wisdom" emanating from some of the answer scripts he has evaluated in his long career.

One of the questions in the examination I mentioned was a problem with a fact scenario in which the arbitrator had, despite long proceedings, not been able to render an award. It required the students to discuss the options available to the parties. One answer script read: "Failure to render award in time attracts penal consequences for the arbitrator including capital punishment." (or something to this effect). 

Does anyone wish the statement was valid in law?

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