Arbitration

AN ARBITRATOR STUMBLES – EPISODE 1

by Graham Perry | 21 September 2021 | Arbitration, Thought For The Day | 0 Comments

ARBITRATION #184 A First Tier arbitration is to go to appeal. It is a big one. A large claim and counter-claim. The Parties have agreed to be legally represented. The Hearing is likely to be 8 days. The Board of Appeal is appointed and you, Ms Gardiner-Jones, are in...

ADVERSARIAL v INQUISITORIAL – EPISODE 6

by Graham Perry | 9 September 2021 | Arbitration, Thought For The Day | 0 Comments

ARBITRATION #176 ADVERSARIAL v INQUISITORIAL FINAL EPISODE A reader asks “what happens if Sellers do not take the bait. If they fail to respond or, perhaps, do so and maintain their previous position." The Tribunal has an obligation to be clear and straightforward in...

ADVERSARIAL v INQUISITORIAL – EPISODE 5

by Graham Perry | 8 September 2021 | Arbitration, Thought For The Day | 0 Comments

ARBITRATION #175 ADVERSARIAL v INQUISITORIAL Where are we? First, the Tribunal has invited the parties to comment on Sellers’ assertion that Buyers were in breach on 2 March 2021. Second, Sellers have responded + re-asserted their argument that Buyers were in breach...

ADVERSARIAL v INQUISITORIAL – EPISODE 4

by Graham Perry | 6 September 2021 | Arbitration, Thought For The Day | 0 Comments

ARBITRATION #174 You consult with your Wingers. Sellers’ appointed arbitrator argues that your action is favouring Buyers and, if Buyers do not raise the issue, then it is not for the Tribunal to raise the issue. Buyers’ party-appointed Winger, however, agrees with...