COMMENT OF THE DAY #32
When the talking is done, the hearing is over and the drafting begins are you clear in your mind about the issues you have to address?
Often the answer is “Yes”. In many cases, the issues stand out + you know the sequence of matters you have to consider. But sometimes the position is not clear. There is uncertainty, even ambiguity. but this should not happen and you as Chair of the Tribunal have the responsibility to avoid any fog or confusion or misunderstanding.
So what to do? In the first step, you list the issues. Second, get the list approved/amended by the Tribunal. But in some arbitrations, you throw it back to the parties and direct them List The Issues.
They can’t. Why? Because they disagree. There is a solution – get each side to list what they consider are the issues. So Two Lists. Not a problem. The Tribunal discusses and reaches clarity and understanding and you are on the right path.
There is another approach – see my Post No 34 in two days time.