DISCRETION – EPISODE 2

DISCRETION 

Written by Graham Perry

Graham Perry M.A. Cantab FCIArb Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer

13 May 2021

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 for the parties who want consistency, not inconsistency.

So what to do? Attack the problem – not as a one-off training day but as a repeating initiative over a 6 month period.

Set out different narratives relating to different issues such as late notice of appeal or late application to admit documents or a request for additional time to respond to an argument. Now each of the narratives has to have a right outcome and a wrong outcome. So get all the arbitrators together; break them into teams of three; give them 15 minutes to discuss the same scenario; listen to their feedback and then lay down the “law” – This is how it has to be. Don’t pussyfoot around. Be decisive. Lead From The Top.

Trained Arbitrators Become Better Arbitrators.

Contact me – either by email graham@grahamperry.eu or by mobile +44 20 8954 1001

Episode

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