Digital Coffee Break in Arbitration’s Post

Rule 17 of the CCMA Rules deals with the process for objecting to the "con-arb" process, which is a combined conciliation and arbitration process. According to Rule 17(2), a party that wishes to object to this process must file a written notice of objection with both the CCMA and the other party at least seven days before the scheduled date for the con-arb. If an objection is not filed within this timeframe, the arbitration may proceed immediately after the conciliation fails. This rule ensures that both parties have a clear understanding of the process and timelines involved.

In a recent GAR live session, the question of "whether tribunals should use consultant experts" was raised. In my opinion, this decision should be made on a case-by-case basis, taking into account the specific circumstances and complexities involved. Factors such as the nature of the dispute, the availability of relevant expertise within the tribunal, the parties' agreement, and financial resources will all play a role in this decision. It's important to consider all these factors to ensure a fair and just outcome for all parties involved. #arbitration #disputeresolution

PHILLIP ALIKER FCIArb C.Arb: awards can be classified into final, partial and interim awards: - Final Award: This resolves all substantive issues in the arbitration, bringing the proceedings to an end. Once issued, the arbitrator's mandate generally terminates. - Partial Award: This decides on specific issues or claims within the arbitration while leaving others unresolved. It is binding and enforceable on the matters it addresses, but the arbitration continues for the remaining issues. - Interim Award: This provides temporary relief or resolves procedural matters during the arbitration process and it remains effective until a final award is rendered. #TheArtofDraftingArbitralAwards

Arbitration and Conciliation Act S.7(5) – When there is a reference in the second contract to the terms and conditions of the first contract, the arbitration clause would not ipso facto be applicable to the second contract unless there is a specific mention/reference thereto 2024 KHC OnLine 6150

How should a Deputy approach the issue of whether to disclose the value of P’s estate to them? The decision in PSG Trust Corporation v CK and NJ [2024] EWCOP 14 provides invaluable, practical guidance. It also explores how Deputyship is different to Atttorneyship in that regard. Whilst the judgement is clear regarding how to approach matters where the funds and injury derive from litigation, I wonder how the decision making framework would apply in an Attorneyship where knowledge of the value of the funds would make P very vulnerable. I have certainly worked with a few clients that fall into that category. Well worth a read of the full judgement, if you make these sorts of decisions. #mentalcapacity #lpa #deputyship #courtofprotection #litigation #deputy

Full-time arbitrator, James Clanchy FCIArb, discusses the importance of data about arbitrations and examines the 2023 statistics released by institutions and other bodies.   🔗 Read more here: https://lnkd.in/evHCp_xy  #Ciarb #arbitration #disputeresolution #legalnews 

Another excellent article by Michael Tonkin and Igor Corelj on procedural considerations of being an Expert Witness. Full article in the link below, anyone who missed Part 1 get in touch and I will happily send it on. #HKA #HKAExperts #WitnessExpert #InternationalArbitration

Is your prior art “exceptional?” In our article that published on Law360 today, Louis Panzica Jr and I take a look at AIA 35 U.S.C. 102(b) prior art exceptions at the PTAB. Read our article to find out more! #PTAB #AIA #PatentLaw

PHILLIP ALIKER FCIArb C.Arb: On chronology; he highlighted its importance, describing it as a vital tool for managing arbitration effectively, likening it to a diary that provides structure and clarity throughout the process. Stay tuned for more insights as the day progresses! #TheArtofDraftingArbitralAwards

Arbitration and Conciliation Act, 1996 - Mutual intent of parties, relationship of a non-signatory with a signatory, commonality of subject matter, composite nature of transactions and performance of the contract are all factors that signify the intention of the non-signatory to be bound by the arbitration agreement 2024 KHC OnLine 6512