DISPUTES
Arbitration
Adrian Kearney, Chartered Arbitrator and Construction Dispute Expert.
ADRIAN KEARNEY, CHARTERED ARBITRATOR AND CONSTRUCTION DISPUTE EXPERT, ADVISES ON HOW TO PREPARE YOUR CASE FOR THE HEARING...
The facts speak for themselves
S ummer is almost upon us, and it’s been great. But, even near the holiday time, I’m being asked a very simple question. As an Arbitrator, how are you persuaded in giving judgement? This question is set against the current trend of fast-track adjudication and how it has affected the industry.
and trying to bolster up something that may be best conceded. The most persuasive thing is truthful attention to what the issues are and persuasive evidence to support them, both in writing and, where applicable, in person. I do a lot of arbitration, many on documents, but I love a
also have a duty to assist the Arbitrator where required and, from time to time, have agreements about procedure, timings, and other more intricate matters. It’s plain and simple, don’t make it anything else. Remember, as my dad used to say, facts speak for themselves. Now on another matter, I’ve been involved in a number OF hospital contracts: NEC, JCT, FiDIC and so on. Paperwork is the most important thing for the principal contractor, right down the supply chain. You should keep abreast of how the Children’s Hospital in Dublin is handling its emerging theatre issues. We may all learn something and that may have an impact on my next article #justsaying. Adrian Kearney is a Chartered Arbitrator and expert in civil engineering and construction disputes both locally and internationally. He has presided in over 250 arbitrations and attended court in many cases spanning over 25 years. Contact: adrian@kearneyconsult.com or +44 (0)28 9038 8395. Information...
The most persuasive thing is truthful attention to what the issues are and persuasive evidence to support them, both in writing and, where applicable, in person.”
I say it has been a good thing as a settlement, for single-point issues, but it is not suited for complex cases, no matter how good the Adjudicator is. He/she is short on time, is usually on a documents-only mode and has little or no sworn testimony. Arbitration can be on documents, part hearing or a full hearing. It can be
hearing where you can see the truth as it unfolds in the witness box….or not. The law has a maxim –“res ipsa locquitor” – the facts speak for themselves. Make sure that you prepare your case logically, have timelines and reference the necessary documents in a properly annotated bundle to make the Arbitrators’ life simple. They will not be
done on a 100-day cycle, just make sure you get a Chartered Arbitrator to hear your case. So how do you catch the Arbitrator’s eye? That’s what you want to know. Well, it is simple. Get plain English concise statements of case and replies - as many as you like. Stick to the issues, don’t make a bad situation worse by changing tack
happy with shoddy presentation. Hyperbole and infective attacks on
individuals or professionalism rarely gain any merit, it may even have the opposite effect. So don’t be a smart nasty type. Have a very good closing (I usually like them in written form to save on time and costs) and remember that whilst you may have Counsel there to represent you, they
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