COMMENT OF THE DAY #83
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.