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.
Thought For The Day
AN ANXIOUS NEW ARBITRATOR – EPISODE 1
You have been in the trade both as a trader + as an administrator. You are based in the Far East with a Singapore background.
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PRODUCING UNHELPFUL DOCUMENTS
You are sole arbitrator. You have moved on to considering damages. You think that both parties might be holding back market evidence they have obtained which does not support their submissions. Do you have the authority to direct both parties to disclose all the...
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?
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
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....
LIST THE ISSUES
As a Chair of five arbitrators on an Appeal Board, I always focused on listing the issues. It brings focus + clarity to your work. No list + issues can slip through the net. This is not just a fail safe tactic - it serves two specific purposes;- First, - if you get it...
MEDIATION CONUNDRUM
An employee is fired. The grounds are not strong. He agrees to mediation. Actually you have a subjective sympathy for him but you know that this cannot blur your judgement. You know you have to remain neutral but you do feel he has been manipulated. The firm is...
Author
Mr Graham Perry M.A. Cantab FCIArb
Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer