COMMENT FOR THE DAY #86

ARBITRATION

The narrative. You are the chair of an Appeal set down for 3 days. Buyers are appealing a first-tier decision that awarded substantial damages to Sellers. You can sense that the Board believes the Tribunal made the correct decision. It is now 16.30 and you have to vacate the hearing rooms by 17.45.

Buyers’ trade rep looks to extend the hearing to a fourth day knowing that, with diary problems, a 4th day will be at least three months away. He submits; he needs 30 minutes to prepare his closing submission + at least 1.5 hours to deliver them. He knows it will take him to 18.15 + he knows from you as Chair that there is a 17.45 deadline. The Cleaners are Coming!

Sellers’ trade rep knows the game being played. She argues; that matters should be settled without going over to the fourth day; that the issues are well canvassed; that the appellant can summarise in 30 minutes + needs less than 30 mins to prepare. She says that Sellers have been out of funds for 18 months +says it will be unfair to agree to an adjournment.

More narrative tomorrow + then questions for you as Chair about Next Steps