It is no surprise that the burgeoning of enterprise has led to a proliferation of commercial disputes requiring specialized disposal. It is one of the saving graces of the juridical mind that alongside the interminable circuitry of its methods, it has also discovered a short route to settling commercial disputes, the arbitration route. While this Conference is concerned with commercial arbitration, a specific field, it will recognize that at the root of this method is a principle. Another great Indian, after the Buddha, Mohan Das Karamchand Gandhi would have endorsed this view of arbitration. It may be observed that Gandhi made his first breakthrough, as a barrister, not in a conventional Courtroom success in South Africa, but by arbitrating a settlement between the firm of Dada Abdullah in Durban, and its rival firm of Tyebji Seth based in Pretoria.
Facts are the ingredients of any lawsuit.
If facts are adhered to and convincingly demonstrated before the Court, it is reasonable to assume that the law will come to the aid of the factually-correct side. He knew that there is a truth that lies above factual truth, above literalism. The facts were on Dada's side. So also was the law bound to be on his side. But he clearly saw that if the case dragged on, no matter who won, both parties would ultimately be financially ruined.