Chapter 10

Question 1

In an arbitration, when is a hearing desirable?

Question 2

When would a joint hearing of two cases, or parts of two cases, be of value? How could such a joint hearing be brought about?

Question 3

In an arbitration, what are the alternatives to deciding a case by means of a hearing? Who can decide to adopt one of these alternatives? When are these alternatives desirable?

Question 4

In an arbitration, what are the alternatives to deciding a case by means of a hearing? Who can decide to adopt one of these alternatives? When are these alternatives desirable?

Question 5

Give examples of cases where a procedure of documents-only would be preferable to an arbitration with a hearing.

Question 6

List some of the orders that can be issued by an arbitrator. In what circumstances would each order be appropriate?

Question 7

Examination-style questions
* Why is it a good idea for parties to attend the first procedural meeting?

• What would be the best procedure for dealing with the following matters that have been submitted to arbitration:
  (a) a claim that turns solely upon the meaning of clauses 7 and 25 of a contract between the parties;
  (b) a dispute about whether the price agreed for the sale of a customised computer system was Euros 130,500 or 140,500

Give reasons for your answers.