This is the final episode of the focus on the responsibilities of an arbitrator facing issues of delays, promptness, over-bearing fellow wingers, inactive fellow wingers, being individually responsible
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We have been looking recently at the qualities of an arbitrator and, in particular we have been examining confidentiality, speaking up/talking up previous cases + pre-hearing preparation.
Are you loose-lipped? Do you know when to keep quiet? Are you tempted “to show off your credentials” to promote yourself with colleagues? Do you drop names?
We have looked at Courage + Speaking Up. Now let’s look at Preparation because this, too, is an issue of Character. In short there are two choices – Skim or Read.
We have established that a DR has to have character and the other previously specified personal qualities – integrity and the rest. But he/she also has to possess courage.
As regular readers will have come to observe this Column focuses on dispute resolvers (DRs) as human beings as well as trained professionals.
Let’s consider the alternative scenarios. B could have been intimidated + then refrained from saying anything. A would have pushed even more vigorously for his favoured outcome
Mr Graham Perry M.A. Cantab FCIArb
Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer