Approach to Arbitration
Within the framework of the agreed arbitration rules applicable in a particular case, Edward Album believes that the parties should follow the procedure that best suits their requirements. This should be agreed by the parties or their legal advisors at any early stage, with guidance from the arbitration tribunal. His advice is:
“In view of the wide variety of nationalities and customs involved, the arbitrator should ensure that the procedures are understood by the parties and that evidence can be given both in writing and orally by the parties’ representatives and by their expert witnesses. If necessary, evidence can be taken by video conference and through authorised interpreters.” Hearings can take place outside the United Kingdon if agreed by the parties and if consistent with the arbitration rules.
Edward’s experience of arbitration has involved parties, inter alia, from:
- EU and Eastern European countries
- USA and Canada
- Brazil and Peru
- Middle East and North Africa
- South Africa
Edward believes that due process is important in order to ensure that the parties are dealt with on a fair and equal basis.