The judicial profession is the profession which is the backbone of the law. It is through the courts that the law is upheld and it is through the courts that decisions are made concerning justice and punishment every day. Although many people and services can be commended during the fight for justice in any given case, whether that’s the police in a criminal case or even the solicitors representing a case, it is the judicial branch that ultimately delivers justice and is therefore highly important. The questions asked in this essay would be to whether the judicial mind is exercised. The role of the doctrine of precedents (previously made judgments) will be discussed and its effect on whether it allows the judicial mind its free will or whether …show more content…
'Best practice' will guide the parties in determining the manner in, and the extent to which, detailed and exhaustive proceedings suit their particular contractual expectations. 'Judicialization' will serve as a narrower framework to bolster the quality of an arbitral award, not as an irrefutable 'one-size-fits-all' model for all ICA disputes. As Thomas Stipanowich aptly contended, the most fundamental value of arbitration is not efficiency, but 'the ability of users to tailor processes to serve particular needs' ”. I personally agree with this as I believe that the judicial mind does not get the chance to atrophy, even if a judge only relies on the securest of precedents and the uses the most literal approach to statute, as they still use their judicial mind to critically analyse and apply the precedent to each case. I also believe that as a judge, each case may differ and that a judge will be able to exercise their judicial mind and broaden their perspective at different times in each case. Very rarely, are two cases exactly the same therefore each new case or different type of case needs a certain mind set and way of thinking, therefore, the judicial mind would never get the chance to