Arbitration

TRADE ARBITRATORS v LAWYER ARBITRATORS EPISODE 4

ARBITRATION #111 Lord Hamblen’s pronounced on the issue of business context v dictionary definitions in The Financial Conduct Authority v Arch Insurance (UK) Ltd & Others [2021] UKSC1. He suggested that it is rare for something to have gone wrong with the words...

TRADE ARBITRATORS + LAWYER ARBITRATORS – EPISODE 3

ARBITRATION #110 There is consensus. Commodity arbitration needs the trade + lawyers as arbitrators. But what happens if there is ambiguity on the facts and commercial good sense comes up against legal definition? Brian Perrott of HFW addressed this issue at the 4 May...

TRADE ARBITRATORS + LAWYER ARBITRATORS – EPISODE 2

ARBITRATION #109 Are arbitrators drawn from the commodity trade best placed to be the decision-makers in commercial disputes referred to arbitration or is there also a role for lawyers? It has been a silent issue for many years with some trade arbitrators seeing...

TRADE ARBITRATORS + LAWYER ARBITRATORS – EPISODE 1

ARBITRATION #108 A recent Zoom Meeting of the Commodity ArbitrationThe club discussed whether there was a divide between trade arbitrators + lawyer arbitrators. The two groups come from different starting points. Traders have spent a lifetime in the Commodity Trade;...

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LATE EVIDENCE EPISODE 1

LATE EVIDENCE EPISODE 1

You are the Chair of a five-person Board of Appeal. Sellers won the first tier. Buyers appeal.

THE MANIPULATIVE TRADE ADVOCATE

THE MANIPULATIVE TRADE ADVOCATE

COMMENT FOR THE DAY. #89 EPISODE 4 You announce the Board’s decision. “Appellants application for 30min preparation time + 1.30hrs for Reply Submission is refused. The Board has considered all relevant circumstances. There is no need for an adjournment to another...

THE MANIPULATIVE TRADE REP

THE MANIPULATIVE TRADE REP

COMMENT FOR THE DAY #88 EPISODE 3 The Clock is ticking. The cleaners have not arrived but are edging closer to Holborn Tube. Will the Board agree to press ahead with the 15/30 solution or settle for an adjournment of two months 15m - prepare reply submissions + 30 m...

THE MANIPULATIVE TRADE REPRESENTATIVE

THE MANIPULATIVE TRADE REPRESENTATIVE

COMMENT FOR THE DAY #86 ARBITRATION The narrative. You are the chair of an Appeal set down for 3 days. Buyers are appealing a first-tier decision that awarded substantial damages to Sellers. You can sense that the Board believes the Tribunal made the correct decision....

DISCRETION – EPISODE 2

DISCRETION – EPISODE 2

COMMENT OF THE DAY #83 ARBITRATION The problem of the inconsistent exercise of discretion can be solved by better training. This will enable them to blend their trade knowledge with decision-making experience. No Training means Conflicting Decisions. This is no good...

Graham Perry

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Mr Graham Perry M.A. Cantab FCIArb

Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer