TRADE ARBITRATORS V LAWYER ARBITRATORS

TRADE ARBITRATORS V LAWYER ARBITRATORS

Written by Graham Perry

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

7 May 2021

COMMENT FOR THE DAY #77

ARBITRATION

Is there a divide in the world of arbitration between arbitrators appointed from the trade and arbitrators appointed from the law?

There is a contract. It is there in print. But a difference emerges between Seller + Buyer about the meaning of a sentence. Lawyer arbitrators say words are words – they have meaning – stick to the words. Trade arbitrators say there is an overall commercial context and see the words with a different meaning.

The parties have chosen arbitration in preference to litigation. The arbitrators from the business sector have their own commercial understanding. They have seen it all before + reach one conclusion. The arbitrators from the law have their own legal understanding + see things quite differently. Who Is Right? Who Is Wrong?

The Law – Lord Hamblen – says words have specific legal meaning – stick to them. But is that why the Seller and Buyer chose arbitration in preference to litigation. Doesn’t the trade want a commercial experience? An interesting division of opinions opens up. Trade arbitrators and Lawyer arbitrators have different views.

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