So what is the actual dispute? Is it what you are hearing from the parties or is there an unexpressed agenda which is driving the parties’ passions? Is there A Big Unmentionable?
Thought For The Day
ISSUES FOR ARBITRATORS – EPISODE 8
This is the final episode of the focus on the responsibilities of an arbitrator facing issues of delays, promptness, over-bearing fellow wingers, inactive fellow wingers, being individually responsible
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THE MANIPULATIVE TRADE REPRESENTATIVE
COMMENT FOR THE DAY #87 Following the narrative, you have an application from the Buyers' trade rep for an adjournment to allow time to prepare + deliver closing submissions. Sellers' trade rep opposes. The Board goes into caucas. You are the chair. Are Buyers...
THE MANIPULATIVE TRADE REPRESENTATIVE
COMMENT FOR THE DAY #86 ARBITRATION The narrative. You are the chair of an Appeal set down for 3 days. Buyers are appealing a first-tier decision that awarded substantial damages to Sellers. You can sense that the Board believes the Tribunal made the correct decision....
PRIVATE + CONFIDENTIAL LAST EPISODE
COMMENT OF THE DAY #84 MEDIATION I want to conclude this 3 part topic by stressing that “private + confidential” is a means to an end. You, personally, have to be private + confidential. Never become loose-lipped. But the purpose? To get the party to engage/talk/get...
DISCRETION – EPISODE 2
COMMENT OF THE DAY #83 ARBITRATION The problem of the inconsistent exercise of discretion can be solved by better training. This will enable them to blend their trade knowledge with decision-making experience. No Training means Conflicting Decisions. This is no good...
PRIVATE AND CONFIDENTIAL
COMMENT FOR THE DAY #81 MEDIATION The words "private + confidential" are spoken so often that the real meaning is often lost. In mediation, you have your first private one on one with Party A - there will be more as you gradually strip away the leaves of the...
“DISCRETION – AGAIN”
COMMENT OF THE DAY #80 #11 ARBITRATION A popular criticism of football referees is their lack of consistency People see two apparently identical incidents in a match. One referee awards a free-kick to Team A and another referee to Team B. But football is fast-moving +...
Author
Mr Graham Perry M.A. Cantab FCIArb
Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer