You have been in the trade both as a trader + as an administrator. You are based in the Far East with a Singapore background.

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.

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.

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.

B needs to compose herself. She boils the kettle, makes herself a coffee, then re-arranges the items on her desk.

Two separate points; first, did Arbitrator B choose the right words, say the right things? Well, Yes. She wants to express concerns.

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