A First Tier arbitration is to go to appeal. It is a big one. A large claim and counter-claim. The Parties have agreed to be legally represented.

Please bear in mind that the narrative is fictitious. It bears no relation to any arbitrator. However, the problem of contact between an arbitrator + a party does exist.

There is an issue for the Chair. She is on notice that a fellow Member of the Board has been seen having a cocktail drink with an Observer attending the Appeal who is a prominent employee of Respondent Buyers.

The Chairwoman now needs to meet with her Board with three issues to discuss. First, what has happened.

The Chairwoman then reads from a prepared note the words she intends to say to the Parties.

There is a matter that the Board wishes to bring to the attention of the Parties. Yesterday evening a member of the Board, Mr X met with the Observer, Mr Y.

A number of points arise from the Arbitrator’s indiscretion in meeting with the Observer.