Arbitrator Philosophy

My philosophy as an arbitrator

A statue of a person sitting cross-legged on a pedastol.

Having spent most of my professional life working as counsel, I appreciate the expectations of the parties and their counsel as to the pace, structure, and results of international proceedings.  I always aim to satisfy them. 

At the stage of arbitrator selection, I believe the parties and their counsel deserve clear and transparent information about how arbitrators manage cases and what principles and philosophies they apply. 

If you appoint me as your arbitrator, you are entitled to expect: 

  • Diligence and attention. I appreciate the work that goes into preparing written submissions and the supporting evidentiary record. I will always review and digest all materials and come fully prepared for the hearing.

  • Promptness. I believe that justice delayed is justice denied. I will take the case on as an arbitrator only if I am available to resolve your dispute promptly. I will always take time to participate in tribunal deliberations as soon as possible after the hearing. And I will treat it as a priority to issue a prompt and well-reasoned decision as expeditiously as possible. My expectation for urgent interim measures is to reply with initial procedural directions on the same day of receiving the application. My average time for award issuance is three weeks after the oral hearing.

  • Commercial reality-check. I recognize that the arbitral proceedings do not happen in a vacuum. Most arbitrations proceed while the project or business in question is still operating. I make any decisions, including on procedure and interim measures, with the aim of understanding and corresponding to the commercial reality of each party. I treat it as my duty to invest every effort to produce an enforceable award that will fully and pragmatically resolve the parties' dispute in accordance with the applicable law, rules and contractual or treaty provisions.

  • Cultural and political sensitivity. Given my multi-national, multi-cultural and multi-religious background and experience of living under differing regimes, from the communism of the former Yugoslavia to the democracies of the UK and the USA, I deeply understand and appreciate national, religious and cultural differences. I always take into account the differing approaches to advocacy and evidence.

  • 'International' process. I am educated and trained in both civil and common law jurisdictions, and therefore understand and appreciate both systems. I have no general bias in favor of any one of them. I aim to conduct proceedings in the style of 'international arbitration' – seeking a prompt and efficient resolution of the dispute without the unnecessary formalities associated with many national judicial systems. I believe each case should be a unique proceeding, conducted in partnership with the parties and according to the circumstances of the case.

  • Opportunity to be heard. I understand that, as arbitrator, I will rarely know as much about the case as the parties and their counsel. I will endeavor to provide them with a meaningful opportunity to be heard on any relevant factual, legal or evidentiary issues without sacrificing the efficiency of the process. I believe the reasoning of the award should never surprise the parties or their counsel. While I will generally limit myself to deciding only the issues the parties have put before me, if unaddressed issues may drive my ultimate decision, I will invite the parties to present their views before making the decision.

  • Ethical and professional conduct. I believe the parties are entitled to have their dispute resolved with dignity and civility. I do not condone and may sanction any unethical counsel conduct, including 'guerilla' tactics, dishonesty, or aggressive and disrespectful behavior towards the opposing counsel or parties, witnesses and experts.

If you are considering appointing me, I encourage you to set up an initial call to confirm that I am the right arbitrator for you. I will not discuss the details of your case, but I will listen to your expectations about the procedure and confirm whether I possess the required expertise and availability to decide your dispute. I look forward to hearing from you.