When contesting parties move court, they have no choice in selecting judges, though in their hearts they would like to have that power. Forum-shopping and bench-fixing are strict taboo. Parties which resort to them are blackballed by judges. The Maharashtra government had to apologise last month when it tried to keep a particular high court judge out of its case on noise pollution. But in the celebrated alternative dispute resolution mechanism, or arbitration, parties have such a delightful choice. Each of them can choose their candidate and if three are needed to form a tribunal, the chosen two will nominate
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