GOOD MORNING FROM LONDON

19 MARCH 2024

BEING AN ADVOCATE IN ARBITRATION

EPISODE 1

An advocate in the dispute resolution arena represents a party to a dispute. In this topic the focus will be on arbitration – later in a separate series the focus will be on mediation. The two – arbitration and mediation – are addressed separately because the two different dispute resolution procedures require separate skills – sometimes similar and often dissimilar.

Let’s start at the beginning. An email appears in your Inbox. It is from a firm of solicitors, Sickert & Co

“Dear Sir

We, Sickert & Co represent ABC Ltd who have commenced arbitration proceedings against XYZ Ltd arising out of a contract entered into between the two companies on 14th November 2023 and numbered OXR52896. The contract contains a dispute resolution clause referring disputes to arbitration in accordance with the Rules of the International Association of Agricultural Traders – the IAAT. XYZ Ltd are represented Hardy Wessex. There is no issue of liability and the dispute between the parties concerns the amount of damages to be paid by XYZ Ltd to ABC Ltd.

In accordance with the said Rules, the parties have agreed to an oral hearing and ABC Ltd would like to appoint you to be their trade representative at the hearing to be held on 11 June 2024 at a central London location to be notified. Two days have been set aside for the hearing. Please advise if any conflict of interest arises. Please also confirm your availability to appear for ABC Ltd and also inform us of your terms of renumeration.

Short and to the point and your response is equally concise. You have no dealings with either company but as a precaution you enquire whether either of the companies are part of a holding group of companies and, if so, for those names to be stated. You confirm your availability on the June dates and you provide details of your renumeration.

Sickert & Co respond that neither the claimant or the defendant are part of any holding group and you respond confirming that there is no conflict of interest. You also inform the lawyers that are free on the hearing dates you mentioned and hold yourself available for any pre-hearing conferences. Sickert & Co also confirm your agreement to your fees including your terms of cancellation in the event that case settles.

So far so good. So how do you prepare? The answer is with care and diligence. You are a professional. A company – in this case ABC Ltd – have done their research and decided you are capable of performing the role of advocate and you need to be informed, aware, open-minded, and conscientious. No last minute rush to prepare. No cutting corners. No reliance on past achievements. With each appointment you are back to square one. You have a responsibility – you have to discharge it.

EPISODE 2 – HOW TO HANDLE THE APPOINTMENT