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Arbitration in Private FDR


Damo_M
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We have had a private arbitration for our FDR over 2 days.

At the end of the proceedings the arbitrator assured me despite the fact he was in the same chambers as the other side’s counsel that there would remain impartiality and confidentiality. The fact that they were in the same chambers came as a complete surprise to me. My investigations show that I believe this should have been declared in advance of the hearing and that I should have expressly agreed to it. Had I known this was the case I would not have agreed to the arbitrator. I am not questioning their integrity but simply feel that full independence should be a given. I am looking for some clarity on what the reglulation is on the point of conflict of interests.

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I'm not sure what the regulations are – but I think you are correct to bring it up. The arbitrator clearly thought that it was an issue otherwise he would not have referred to it.

I think if I were you I would raise the matter with his professional body. Do it in writing and do it immediately

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