Musings on selected developments in International Commercial Arbitration: Governing law of arbitration and public policy with adaptability and flexibility

This article focuses on two court cases deliberating issues on enforcement of arbitration, one English and one Indian. Both cases indicate a very welcome mobility of thinking in the fields of public policy, limitation periods and applicable laws in arbitration. These cases show a continuing flexibility and promise of commercial arbitration, counteracting recent decades of judicialization of arbitration. Ultimately, the authors argue, it is this more adaptive and situational thinking which helps arbitration to be a true alternative to judicialization and ensures it can realise its promise of potential flexibility and mediationlike approaches which Mustill dreamed of.