We know where we are. The new Arbitrator B has concerns about the functional imbalance of the Tribunal. She feels that fellow winger, Arbitrator A, is taking the initiative and setting the agenda.
Arbitration
AN ANXIOUS NEW ARBITRATOR – EPISODE 3
B is unsettled. She senses that things are not right. To her way of thinking – based on her training – the Tribunal is composed of equals.
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What Am I Trying To Achieve?
In a phrase - discussion and debate. That is what I am after. I want to encourage arbitrators and mediators to express an attitude, to contribute a point of view, to help advance knowledge and understanding of the day to day issues that arise in the course of...
What my websites are about.
I have two websites. One of Arbitration/Mediation and one on China. With China I draw on my accumulated experience following my first 8 week visit to China in 1965 and my 120+ visits. There are no experts on China as such. Many do posture and give vent to a prejudice...
The purpose of my website!
I want to make it a Forum for views and opinions on arbitration and mediation and, remember, I focus on practice - on what we do as mediators and arbitrators. I was an active football referee and used to attend monthly meetings of referees. The best part of the...
Is a Face to Face Meeting Essential
There is no set procedure for the conduct of the mediation. It depends on what is agreed by the mediator + the parties. The mediator does not have a veto + the parties can, therefore, impose a procedure on the mediator. But the point today is whether all mediators...
Do you need to have a personality for an arbitrator?
You have to have Character but do you also need to have Personality? Temperament, charm, likeability - these are the words associated with Personality as distinct from Character which is knowing the difference between right and wrong. Personality is not being "Jack...
Can You Teach Discretion?
An interesting contradiction exists between the exercise of discretion on the one hand AND the need for Tribunal consistency on the other hand. Discretion means you are free to make up your own mind. There are constraints. You need to be fair + reasonable + objective...
Author
Mr Graham Perry M.A. Cantab FCIArb
Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer