Part III Arbitral Proceedings: Establishing the Facts and Applying the Law, A Counterpoise Between Fairness and Efficiency, 3 Two Faces of Progress: Fairness and Flexibility in Arbitral Procedure

Arranged in pairs, the biographies in Plutarch’s Parallel Lives contrast great statesmen, orators and soldiers from the ancient Roman and Greek worlds.1 Cicero, the Roman orator, finds himself juxtaposed with his Greek counterpart, Demosthenes. The Roman general Caesar stands compared with the Hellenic military genius of Alexander. And so on. A comparative approach might also commend itself on how arbitrations are conducted in England. The relevant distinctions, however, lie not with noble individuals (although many giants of the profession remain active), but...