LATE EVIDENCE EPISODE 1

LATE EVIDENCE

Written by Graham Perry

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

29 May 2021

ARBITRATION #97

You are the Chair of a five-person Board of Appeal. Sellers won the first tier. Buyers appeal. Oral Hearing. All organised – bundles delivered in time; a transcript of proceedings in place, witnesses have arrived. Advocates ready for the firing gun.

Introductions complete. Buyers’ Advocate is about to commence her opening submission but pauses + makes an application to enter new documents. These things happen. No one likes it – not even B’s Advocate. But she is prepared. She has a note + is ready to go. Before she starts you, as Chair, ask S’s Advocate (who is already “steaming”) for comment.

S’s advocate has had prior warning of the application + is 100% opposed to allowing the documents in. The stage is set. There is no need to confer with the Board. A party has a right to make an application. You cannot refuse to hear it – you would be in trouble if you did.

Bs’ Advocate starts. New documents. Only just come to attention. Very relevant to the main issue. Sorry to raise it at this stage but unavoidable. The Advocate then passes a set of the documents (five emails) to Seller’s Advocate + hands you five copies of the set to you to pass to the Board.

What Next? Do you distribute + read?

Next Episode 31 May 21

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