How to maintain a fair and just process when counsel, clients and co-arbitrators appear to be conspiring against you

Journal article | December 2013 | Available for purchase & free for members


The arbitration process is, by its very nature, fraught with uncertainty due to a large number of variables. Despite the many months (and sometimes years) of preparation that are devoted to a party's case, the success of the arbitration for all concerned rests mostly on the application of a fair and just process throughout the entire proceedings, and not only at the hearing. While any form of equivocation is typically unwelcomed in any aspect of an arbitration, it is arguably most unwanted when it comes to process, as the rules by which the game is played must be fair and clear for all involved in order for the game to be played fairly at all. Thus, as an arbitrator, and more specifically as the president of a tribunal, it is important to ensure that the mechanics of the procedure by which the dispute is resolved are well thought out and account for all circumstances. After all, being ’conspired against' by counsel, clients and co-arbitrators really only becomes an issue when any of these entities' actions go beyond the standards acceptable in arbitration.

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We thank the author of this article Professor Doug Jones AO and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Arbitration, Legal practice, Dispute handling administration