by Graham Perry | Apr 9, 2021 | Arbitration, Thought For The Day
COMMENT OF THE DAY #52 ARBITRATION This column has always stressed that arbitrators, + mediators, need stamina. You are doing a professional job. Be 100% professional from the moment you are appointed to the moment that the award is published. And it is so easy to...
by Graham Perry | Apr 2, 2021 | Arbitration, Thought For The Day
COMMENT OF THE DAY #45 ARBITRATION In post No 45 I focused on the different titles given to arbitrators’ awards and considered an award on a preliminary issue. It is not a preliminary award – the award is final but it is on one aspect of the dispute...
by Graham Perry | Mar 19, 2021 | Arbitration, Law, Mediation, Thought For The Day
ARTICLE #34 S 57 of the Arbitration Act 1996 permits a Tribunal to correct an award so as to remove any clerical mistake or error arising from an accidental slip or omission or clarify or remove any ambiguity in the award. Let’s assume you as Chair + 2 wingers...
by Graham Perry | Mar 13, 2021 | Arbitration, Law, Mediation, Thought For The Day
POST #29 Arbitrators can require answers to awkward questions. Not in every situation but the parties need to know that they can come unstuck. In Post 27 I posed a question – can Arbitrators require parties to disclose documents they would prefer did not seek...
by Graham Perry | Feb 21, 2021 | Arbitration, Thought For The Day
An interesting contradiction exists between the exercise of discretion on the one hand AND the need for Tribunal consistency on the other hand. Discretion means you are free to make up your own mind. There are constraints. You need to be fair + reasonable + objective...
Recent Comments