There is a matter that the Board wishes to bring to the attention of the Parties. Yesterday evening a member of the Board, Mr X met with the Observer, Mr Y.
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There is an issue for the Chair. She is on notice that a fellow Member of the Board has been seen having a cocktail drink with an Observer attending the Appeal who is a prominent employee of Respondent Buyers.
Please bear in mind that the narrative is fictitious. It bears no relation to any arbitrator. However, the problem of contact between an arbitrator + a party does exist.
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.
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.”
Where are we? First, the Tribunal has invited the parties to comment on Sellers’ assertion that Buyers were in breach on 2 March 2021.
You consult with your Wingers. Sellers’ appointed arbitrator argues that your action is favouring Buyers…
Mr Graham Perry M.A. Cantab FCIArb
Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer