The nature of an arbitration (and consequently of other forms of ADR, but more especially adjudication and expert determination) appointment is discussed elsewhere within this website: as to 'appointing an arbitrator', please consult ARBITRATOR SELECTION and as to 'choosing an arbitrator', please consult ARBITRATOR APPOINTMENT. Both appointing an arbitrator and choosing an arbitrator (and likewise an adjudicator or expert determinator) may require a pre-appointment meeting with the prospective arbitrator, adjudicator or expert determinator. The Chartered Institute of Arbitrators ("the CIArb") has issued 'Practice Guideline 16: The Interviewing of Prospective Arbitrators' ("the Guideline"). The Guideline as annotated is reproduced below. I believe the logic of the Guideline is equally applicable to adjudicators and expert determinators. A pre-appointment meeting will be subject to the Guideline as annotated. A pre-appointment meeting is most likely to be thought necessary by the parties in ad hoc arbitrations, or indeed ad hoc adjudications and ad hoc expert determinations. A pre-appointment meeting may well also be thought necessary or advisable in tribunal appointments were either: (i) the tribunal rules allow the parties to choose their arbitrator, adjudicator or expert determinator, and/or; (ii) the tribunal rules do not provide sufficient detail as to the likely costs of (or perhaps rules that can be adopted by) either the arbitrator, adjudicator or expert determinator.
Whilst I also travel widely within the UK, especially to the English Midlands and North, I live, work and holiday, predominately in London, Gibraltar and Mombasa. My ADR practice (outside of Gibraltar) is a separate practice to that of my local legal and accounting practices. It is thus preferable that pre-appointment meetings to consider my appointment (as an arbitrator, an adjudicator, or mediator) should not occur in my local legal or accounting practice offices. An appointment as an expert determinator however, may well fall within my accounting practice and be charged and treated as such.
The Guideline states: 'The interview should be conducted in a professional manner in a business location, and not over drinks or a meal'. However I do not consider that the Guideline dictates a meeting only in a private office, provided that the meeting venue is still in a business location and that only tea or coffee is provided. The hire of a private room may necessitate potentially unnecessary cost.
Meeting VenuesI welcome an interview. Arbitration is about party autonomy. A pre-appointment interview (whether by telephone or by way of a physical meeting) is an expression of party autonomy. But care must be taken, both as to the meeting itself & pre-meeting communications. The Chartered Institute of Arbitrators, 'Practice Guideline 16: The Interviewing of Prospective Arbitrators', is reproduced on this webpage & any meeting should abide by Guideline 16. As to pre-meeting communications, usually instigated by one putative arbitrant, to get 'the ball rolling', I generally prefer email, to telephone communication. Email communication can be more transparent. Communications can be cc'd, or forwarded at a later time, to all relevant parties.
Members Room, the Institute of Chartered Accountants in England and Wales, One Moorgate Place, London EC2R 6EA.
Chartered Accountants parties may (or indeed may not) feel comfortable at Chartered Accountants' Hall. I regularly hold business meetings at the
Institute. If the location is felt to be appropriate but not the public venue, then at a cost, rooms can be hired from the Institute.
...at the bottom of Tower 42, 25 Old Broad Street, London EC2N 1HQ.
Whilst a public cafe the venue offers cubicles
with seating for up to 5 people and is in the main used for business meetings. It is also close to my London accounting office. I
regularly hold business meetings at Cafe SO Deli. If the location is felt to be appropriate but not the public venue, then at a
cost, rooms can be hired from Tower 42.
100-113 Chancery Lane, London WC2A 1PL.
Solicitor parties may (or indeed may not) feel comfortable at the Law Society HQ.
Malindi Road, Mombasa, Kenya.
Whilst there are numerous hotels in the greater Mombasa area with business facilities, I have a house near this hotel. If the hotel location but not the public venue is felt to be appropriate, then at a cost a separate meeting room can be hired from the hotel.
Suite 7, Hadfield House, Library St, Gibraltar, houses my Gibraltar accountancy practice, Meredith. Details of how you can travel to Gibraltar is contained on the website of Meredith.
50 Dearmans Place, Salford, Lancashire M3 5LH
Situated close to where I stay, when in Manchester. It is centrally located & makes a great NW meeting point, having ample parking, but being centrally located.
University Park, Nottingham, Nottinghamshire NG7 2RD
Meeting rooms are available & if agreed by potential arbitrants, students can sit in on any arbitation meeting.