Arbitration

THE FAMILY PROPERTY DISPUTE – EPISODE 2

MEDIATION #104 You have held the first meeting – just you, the parents, the daughter + the fiancée. You know you have an uphill battle. Still, you stick to the mediation blueprint + caucus with the parents. They feel that their daughter is “being used”, and that the...

THE FAMILY PROPERTY  DISPUTE EPISODE – 1

MEDIATION   #103 EPISODE 1 Mum + Dad have a single daughter, Susan, engaged to be married. She is due to have title to a well-maintained apartment transferred to her by her parents. The document recording the parent’s intention to transfer is in letter form + drafted...

WHY THIS COLUMN?

ARBITRATION/MEDIATION #102 A 24hr pause in order to explain why this daily column is written. What does it say? Who is it for? There is a significant gap in the post-qualification training of arbitrators/mediators. We qualify, we get appointments, we work but the...

LATE APPLICATION TO SUBMIT NEW EVIDENCE – EPISODE 5 – FINAL EPISODE

ARBITRATION #100EPISODE 5 – FINAL EPISODE You would be entitled to reject the late documents because Buyers + Buyers’ solicitors have, at different stages, both be wrong. Buyers should have ensured all documents were available to the solicitors + the solicitors should...

AN ANXIOUS NEW ARBITRATOR – EPISODE 2

The parties to the arbitration are a firm of international grain traders – who appointed Arbitrator A – and a firm of Far East processors with plants in Malaysia– who appointed Arbitrator B.

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Unconscious Bias

Unconscious Bias

Unconscious bias is a big issue. How do Mediators and Arbitrators deal with this problem? The difficulty is that the bias is not always recognised or detected and that is because the bias is nearly always unconscious. Our problem has been that we could only deal with...

Standards Of Behaviour

Standards Of Behaviour

Yesterday morning I wrote about dispute resolvers need for integrity and character. Today I focus on standards of behaviour - an essential part of a dispute resolver's make up. Ego is the danger here. We all need some ego because ego and self-confidence go together...

I Want To Be A Dispute Resolver

I Want To Be A Dispute Resolver

There are not many people who, at a young age, inform their parents that “I want to be a Dispute Resolver when I grow up”. You start somewhere else and then changes in your life lead you to consider a switch into arbitration or mediation. Something happens – you hear...

ARBITRATORS AND A DUTY OF DISCLOSURE

ARBITRATORS AND A DUTY OF DISCLOSURE

Following the Supreme Court Judgment in Haliburton v Chubb there has been much discussion about an arbitrator’s duty of disclosure of matters that might affect his/her ability to impartially carry out his duties. This is an absolute duty and the arbitrator needs to be...

BIAS IN OPERATION DO YOU ACT OR DO YOU GO MUTE?

BIAS IN OPERATION DO YOU ACT OR DO YOU GO MUTE?

Bias in arbitration comes in many guises – sometimes it is apparent and sometimes it is unconscious and when it comes what do you, as Chair of the Tribunal does? Actually, it is a big question and, if you leave it because it makes you feel “awkward”, you are not doing...

‘COSTS FOLLOW THE  EVENT’- WHAT IS THE ‘EVENT’?

‘COSTS FOLLOW THE EVENT’- WHAT IS THE ‘EVENT’?

A very topical topic. You are a winger party-appointed arbitrator. You have decided who wins and who loses and now comes costs. These are the costs of the arbitration, not the parties’ own costs. You are just looking at the fees and expenses of the three arbitrators –...

Graham Perry

Author 

Mr Graham Perry M.A. Cantab FCIArb

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