Law

THE COMMODITY ARBITRATION CLUB

Join Me! Date:   Thursday 6 May 2021 Time:  13:00 London time Hosts:  London Solicitors HFW on zoom. Chair:  Graham Perry Brian Perrott of HFW will talk for 10-15 minutes on Interpretation + recent guidance from the UK Supreme Court. Very important topic. There are...

WHO PAYS FOR A S57 DECISION

ARTICLE #34 S 57 of the Arbitration Act 1996 permits a Tribunal to correct an award so as to remove any clerical mistake or error arising from an accidental slip or omission or clarify or remove any ambiguity in the award. Let's assume you as Chair + 2 wingers have...

STRENGTHS + WEAKNESSES

ARTICLE #33 You are a family mediator. You are accredited + experienced + well organised. You have a track record + you get appointments. But something is wrong. Unresolved blockages have occurred. Solutions are not so easy to reach. You are in a corner. What to do?...

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...

WHO PAYS FOR A S57 DECISION

ARTICLE #34 S 57 of the Arbitration Act 1996 permits a Tribunal to correct an award so as to remove any clerical mistake or error arising from an accidental slip or omission or clarify or remove any ambiguity in the award. Let's assume you as Chair + 2 wingers have...

STRENGTHS + WEAKNESSES

ARTICLE #33 You are a family mediator. You are accredited + experienced + well organised. You have a track record + you get appointments. But something is wrong. Unresolved blockages have occurred. Solutions are not so easy to reach. You are in a corner. What to do?...

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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...

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...

Settlement Offers Can Create Problems

Settlement Offers Can Create Problems

You are doing a commercial mediation. Things are going well. There is movement and open minds. In a private meeting, Party A authorises you to inform Party B that Party A will accept an immediate one-off payment of £80,000 from Party B in settlement of the dispute....

What Am I Trying To Achieve?

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...

Do you need to have a personality for an arbitrator?

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...

Graham Perry

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Mr Graham Perry M.A. Cantab FCIArb

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