Thought For The Day

ADVERSARIAL v INQUISITORIAL – EPISODE 5

by | 8 September 2021 | Arbitration, Thought For The Day, TO INTERVENE OR NOT TO INTERVENE | 0 Comments

ARBITRATION #175 ADVERSARIAL v INQUISITORIAL Where are we? First, the Tribunal has invited the parties to comment on Sellers’ assertion that Buyers were in breach on 2 March 2021. Second, Sellers have responded + re-asserted their argument that Buyers were in breach...
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ADVERSARIAL v INQUISITORIAL – EPISODE 4

by | 6 September 2021 | Arbitration, Thought For The Day, TO INTERVENE OR NOT TO INTERVENE | 0 Comments

ARBITRATION #174 You consult with your Wingers. Sellers’ appointed arbitrator argues that your action is favouring Buyers and, if Buyers do not raise the issue, then it is not for the Tribunal to raise the issue. Buyers’ party-appointed Winger, however, agrees with...
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ADVERSARIAL v INQUISITORIAL – EPISODE 2

by | 3 September 2021 | Arbitration, Thought For The Day, TO INTERVENE OR NOT TO INTERVENE | 0 Comments

ARBITRATION #172 The issue - Have Sellers jumped the gun + placed Buyers in default before a default has occurred. The shipment was for March/April 2021 CIF Rotterdam, payment by confirmed irrevocable Letter of Credit. Sellers, not having received an L/C, by 1 March...
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TO INTERVENE OR NOT TO INTERVENE – EPISODE 1

by | 2 September 2021 | Arbitration, Thought For The Day, TO INTERVENE OR NOT TO INTERVENE | 0 Comments

ARBITRATION #171 The Relevant Facts. Sellers sell + Buyers buy 15,000 mts of Cottonseed Expellers at USD300 per metric ton (pmt) for shipment March/April 2021 CIF Rotterdam. Payment by confirmed irrevocable Letter of Credit. No specific date is given by which the L/C...
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THE OVER-ACTIVE PARTY LAWYER – EPISODE #3

THE OVER-ACTIVE PARTY LAWYER – EPISODE #3

May 25, 2021

COMMENT FOR THE DAY  #93MEDIATION The claimant’s lawyer is over-prominent. He is presenting problems, not solutions. Two matters in your favour. First, the parties earlier good commercial relationship. Second, if there is to be a solution, then there is detail...

THE ASSERTIVE LAWYER

THE ASSERTIVE LAWYER

May 24, 2021

COMMENT FOR THE DAY #92 EPISODE 2 MEDIATION You sense you have a problem with the Claimants’ over-active lawyer. He has too much to say. Is it a one-off or a sign of things to come? It’s the latter + the problem is getting bigger, not smaller. Does he have problems...

THE DOMINATING SOLICITOR EPISODE 1

THE DOMINATING SOLICITOR EPISODE 1

May 22, 2021

COMMENT FOR THE DAY #91 MEDIATION The scenario. The solicitors representing the two parties to a dispute have advised their clients to pull back from the brink and, instead of going to arbitration, have decided to give mediation a chance. Your appointment as mediator...

THE MANIPULATIVE ADVOCATE

THE MANIPULATIVE ADVOCATE

May 21, 2021

COMMENT OF THE DAY #90 FINAL EPISODE #5 Receiving an appointment as Chair is an honour + a reflection of confidence in your ability to handle the many different expectations of being in charge. It is a combination of two matters - first, your inherent character +...

THE MANIPULATIVE TRADE ADVOCATE

THE MANIPULATIVE TRADE ADVOCATE

May 20, 2021

COMMENT FOR THE DAY. #89 EPISODE 4 You announce the Board’s decision. “Appellants application for 30min preparation time + 1.30hrs for Reply Submission is refused. The Board has considered all relevant circumstances. There is no need for an adjournment to another...

THE MANIPULATIVE TRADE REP

THE MANIPULATIVE TRADE REP

May 19, 2021

COMMENT FOR THE DAY #88 EPISODE 3 The Clock is ticking. The cleaners have not arrived but are edging closer to Holborn Tube. Will the Board agree to press ahead with the 15/30 solution or settle for an adjournment of two months 15m - prepare reply submissions + 30 m...

Graham Perry

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Mr Graham Perry M.A. Cantab FCIArb

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