Arbitration

THE EXPERT WITNESS EPISODE 2

Arbitration #140 One challenge for the arbitrator is whether the expert witness is providing evidence that is representative of the norm or is novel even maverick or recognised only by a small minority in the relevant technical community. For example, the evidence may...

THE EXPERT WITNESS

Arbitration #139 Arbitrators are often required to determine issues/disputes which may be scientific, technological or highly specialised. These may require an explanation of technical jargon, methodology, professional standards, custom and practice and national +...

LENGTHY ORAL SUBMISSIONS – EPISODE 5

ARBITRATION #132 FINAL EPISODE (5) Sometimes arbitrators want comprehensive opening statements – and sometimes they don’t. It depends on the case, the bundles, the legal authorities, the witnesses. Where it is unnecessary, say so. But where it is necessary, consider...

LENGTHY ORAL SUBMISSIONS – EPISODE 4

ARBITRATION #131 The appellant’s advocate was indignant. You have touched a chord. His ego has taken a knock. But that is not your concern. You have one Master – Fairness. Avoiding unnecessary costs + avoiding delays is also being fair. The arguments of both sides...

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

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

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

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

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

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?

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...

Graham Perry

Author 

Mr Graham Perry M.A. Cantab FCIArb

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