Written by Graham Perry

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

24 February 2022


You are in place as the Sole Arbitrator. The appointing authority leaves you to issue directions which you are required to cc to them. The Claim submissions arrive with a bundle of documents. You are organised with your three coloured pens, a magnifying glass, a copy of the Arbitration Act 1996 and your laptop. You start to read the Claim submissions. Nothing more – no noting or underlining – just a straightforward page- by-page read-through

But something stirs. The narrative has an echo. But why? Where is the link? You think hard but you are none the wiser. You read on. No notes at this stage – just you and the papers page by page at your own pace. Things begin to fall into place. You get the context, you understand the key point of difference/conflict between claimants and respondents.

After a few hours, you put everything to one side and come back the following day to commence note taking. Additionally you issue directions for respondents to file defence submissions within 28 days.

Later that day the echo continues to bug you. It’s like a bad stomach – nothing serious but it’s there + uncomfortable. The facts have a ring of familiarity about them but where? how? why? What is the connection? Why does the narrative ring a bell?

War stories abound in dispute resolution. Recollections are quite sharp. Connections are usually made. Facts do not go missing and it is only a matter of time before you make the link

And then the penny drops. It was the one-off conversation with ‘Someone’. Things begin to fall into place. You have a good memory and you are able to piece together the conversation and the issues that were discussed. Do you have a problem?





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