Arbitration in Private FDR

[DamoM]

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.

[Law Student 1]

Hello

Yes, you are right. The instructing solicitors should have informed you that this is Chambers’ usual practice in such circumstances but should have enabled you to decide if you wish to continue to instruct the arbitrator in question.

It is sensible to address this with your solicitor.