Judicialisation of the Arbitral Process

This paper will critically investigate the issue of judicialization of arbitration. Specific issue, such as length complexity and cost of proceeding, will be analysed. It will conclude that a balancing of party autonomy and fairness will assist in resolving the criticism. In effect, a move towards a best practice framework will minimise the trend. The issues of the seat as well as the incidence of setting aside and enforcing arbitral awards are specifically discussed with the view of finding judicial “creep”.