Judge Jan Paulsson speaks at the Conference on International Arbitration and the Rule of Law organized by the Supreme Court of India and the Permanent Court of Arbitration

The Supreme Court of India and the Permanent Court of Arbitration (PCA) hosted a conference on “International Arbitration and the Rule of Law” at the Supreme Court of India from 13 to 15 September, 2024. Organised in collaboration with the United Nations Commission on International Trade Law (UNCITRAL), the event marked a pivotal moment for both institutions. It celebrated two significant milestones: the 75th anniversary of the Supreme Court of India and the 125th anniversary of the PCA.

In a reflective speech, BCDR Court Judge Jan Paulsson discussed the challenges of maintaining the rule of law in international dispute resolution during the conference, emphasizing the tension between legal principles and political influences. He recounted a humorous story related to Franklin D. Roosevelt’s campaign, setting a lighthearted tone despite the serious topic. Using historical anecdotes, including a debate about the International Court of Justice (ICJ), he criticized the politicization of judicial outcomes, particularly highlighting how powerful nations often influence outcomes when their interests are involved. Professor Paulsson noted that while judges generally support the rule of law, their impartiality can be compromised by national loyalties and biases stemming from their backgrounds. He explored how these biases impact judicial reasoning and decisions.

To illustrate potential solutions, he highlighted the Singapore International Commercial Court as a model aimed at enhancing neutrality through its diverse panel of judges. Additionally, he shared a humorous Swedish legal case, emphasizing the quirks of international law and the importance of language in shaping perceptions.