COMMENT OF THE DAY #52

ARBITRATION

This column has always stressed that arbitrators, + mediators, need stamina. You are doing a professional job. Be 100% professional from the moment you are appointed to the moment that the award is published.

And it is so easy to drop your guard – a loose word here, a loose comment there, a clumsily worded direction, a failure to read all the papers, a failure to understand all the papers, a war-weary response to issues arising towards the end of the reference, an over-the-top irritation with a small issue.

And there is more. Avoid irritation with your fellow arbitrators or the advocates or the witnesses. Watch the time. Think of breaks. Allow time for a fresh air break to avoid staleness. Make sure the hearing room is not too warm inducing a drowsiness. Think wide – not narrow. Be ahead of your colleagues + not behind. Fight distractions – lunch not ready, lack of hot water for tea/coffee breaks. Make lists of points that arise for you to return to look at later.
Any additions?

I welcome feedback. I like being challenged. Over to you.