It is always an uncomfortable moment when you realise that counsel has either failed to raise a dispositive issue, or has argued it incredibly badly. What to do? The UK High Court has recently considered the issue
Musings of a busy mind
The point of difference between arbitration and litigation in court is party autonomy - the ability to select your arbitrator, to determine your process and to maintain confidentiality. This is particularly useful in industries like the construction industry and in highly technical commercial activities like information and communications technology and the marine industry.
Yet, the finality of arbitration carries with it considerable issues of caution.
I published an update on arbitration in New Zealand in the IBA Arbitration Committee's September publication.