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Comment 13 by TeraBrat
I've been involved in arbitration, and one of the whole purposes of it is to have an independent arbiter who can 'think outside the box' ( sorry to use a hated cliche ) when disputing parties cannot reach agreement. In that sense arbitration exists because every dispute is unique and may thus require a unique resolution that the conflicting parties simply can't come up with themselves.
If there was a 'set way of doing things' ( e.g Sharia ) then one would not need arbitration......because the set rules would themselves determine the outcome. Thus Sharia is totally the opposite of arbitration..........there is absolutely no way that a pre-determined set of rules can be said to be impartial to the protagonists.
Permalink Wed, 30 May 2012 20:53:33 UTC | #944613