COMMENT FOR THE DAY #56

ARBITRATION

You can be an arbitrator or a party or the arbitration institution or an expert witness or just a witness. But you can also be an advocate – the person who presents the case + argues the case for one of the parties. If the parties agree you can be a lawyer but usually the parties do not agree in which case both parties need to find a trade representative to represent them at the Hearing.

It’s tough work. A lot of hours in preparation as the submissions are fully understood + the documents fully assessed. Some just do not like it – do not want it. They prefer the more withdrawn role as an arbitrator who relies – not only on their own reading of the papers – but also on the skillful + thorough presentation by the advocates. These experienced arbitrators know the pitfalls of being an advocate.

Tomorrow I will look at these pitfalls – the hours, the arguments, the witnesses, the lawyers instructing you, the composition of the Board, your opponent, and the role of the institution. Actually, it is exciting + fulfilling. Really?