As regular readers will have come to observe this Column focuses on dispute resolvers (DRs) as human beings as well as trained professionals.
Arbitration
DAVIDA AND GOLIATH – EPISODE 7
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
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TIRED AND DULL
COMMENT OF THE DAY #30 It happens. Arbitrators become jaded. Work piles up. You are losing your sparkle. You are not on top. You are falling behind. You are not leading - just following. And you are no good to anyone. Mistakes will happen + you will be failing to...
PARTIES BEWARE OF INQUISITORIAL ARBITRATORS
POST #29 Arbitrators can require answers to awkward questions. Not in every situation but the parties need to know that they can come unstuck. In Post 27 I posed a question - can Arbitrators require parties to disclose documents they would prefer did not seek the...
THE BIG OPPORTUNITY
POST#28 You are a sole mediator negotiating a financial arrangement following the divorce of an husband + wife (with young children) still in strife mode. Things are not going well. Suddenly there is an explosion - a dispute over the house paintings - no money value...
PRODUCING UNHELPFUL DOCUMENTS
You are sole arbitrator. You have moved on to considering damages. You think that both parties might be holding back market evidence they have obtained which does not support their submissions. Do you have the authority to direct both parties to disclose all the...
SETTLEMENT DISCUSSIONS
You remember the problem? Party A authorises you to offer payment of £100,000 to settle a dispute. You then go to Party B but before you can convey the offer Party B informs you that they will accept £80,000. Ouch! You could go back to A and tell them that they can...
ARBITRATION – ADVERSARIAL OR INQUISITORIAL?
s 34 Arbitration Act 1996 "It shall be for the tribunal to decide all procedural and evidential matters, subject to the right of the parties to agree any matter... (2) Procedural and evidential matters include — --- (g) whether and to what extent the tribunal should...

Author
Mr Graham Perry M.A. Cantab FCIArb
Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer