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.
Arbitration
THE ARBITRATOR AND GOSSIP – EPISODE 4
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?
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THE STANDARD OF PROOF
COMMENT OF THE DAY #50 ARBITRATION Sellers + Buyers entered into an acquisition agreement. The purchase price required ‘a working capital adjustment’ to be ascertained by expert determination which “will be final + binding in the absence of manifest error”. There was...
TO DECIDE OR NOT TO DECIDE
COMMENT OF THE DAY MEDIATION The parties have asked you to decide the one remaining issue in dispute between the parties. Do you agree to their request? THE NO ARGUMENT You are the mediator - not the arbitrator. You cannot decide on an issue. Your task is to bring the...
WHAT KIND OF AWARD?
COMMENT OF THE DAY #48 ARBITRATION Repeating - every award is a final award. There can be no interim award because that word suggests that the award is not a final award. There can be a final award on a preliminary matter - such as jurisdiction or which contract of...
WHAT KIND OF AN AWARD
COMMENT OF THE DAY #45 ARBITRATION In post No 45 I focused on the different titles given to arbitrators' awards and considered an award on a preliminary issue. It is not a preliminary award - the award is final but it is on one aspect of the dispute between the...
WHAT KIND OF AWARD?
COMMENT OF THE DAY #44 ARBITRATION Arbitrators often struggle with the difference between a Final Award, an Interim Award, a Preliminary Award and a Partial Award. All awards are final on the matters they address. It is the decision of the arbitrators + it stands. It...
I Want To Be An Arbitrator
COMMENT OF THE DAY #40 No one grows up saying "I want to be an arbitrator". You start somewhere else + you gravitate toward arbitration +/or mediation as you experience dispute resolution in one form or another. It is a journey. You may find yourself involved in a...
Author
Mr Graham Perry M.A. Cantab FCIArb
Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer