FAQs About Arbitration

In most cases, a Tribunal Secretary will add value to the Parties and the Arbitrators. Their services usually reduce the overall cost of the proceedings and aids the tribunal in task-management. In determining whether a Tribunal Secretary would be beneficial in a particular case, I will consider a variety of factors including the complexity and nature of the case, the scope of the pleadings, and the extent of the anticipated evidence.

I will never appoint a Tribunal Secretary without the prior consent and approval of the Parties. Finally, I would insist that the Tribunal Secretary observe the same level of impartiality and independence as the Arbitrators.

Although I  approach cases from the perspective that the proceedings “belong to the Parties”, I am well aware of the case management differences between the civil law and common law traditions. In my experience, an Arbitrator must be flexible and select the procedures and techniques from these different legal traditions in a manner that is best suited to the circumstances of each case. 

The primary reason Parties select arbitration is to resolve their disputes efficiently and cost-effectively. Mediation can be an integral part of the arbitration process. If the Parties desire, I will facilitate their interest in reaching an early resolution of the dispute. However, I will always avoid any conduct that may question my independence and impartiality, or which may be contrary to the Parties' agreement.

I favor addressing dispositive issues early in a case and, as may be appropriate, throughout the proceedings. Parties should not have to engage in extensive and costly proceedings on issues that are narrow and readily resolvable. If the Parties wish to present dispositive motions, I will schedule a briefing period on dispositive motions that provides the Parties with ample opportunity to submit their respective arguments.

I will typically apply the IBA rules. If appropriate, I may also apply these rules against the wishes of a particular party.

Yes, I encourage the submission of skeleton arguments to assist the tribunal in focusing on the main facts and issues. In a complex case, skeleton arguments may benefit the tribunal by outlining the arguments and relevant evidence.

I prefer limited and focused discovery that follows a Redfern Schedule. Unless the controlling Arbitration agreement compels me to do so, I will rarely-if ever, allow the Parties to pursue “American Style” discovery.