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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.
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.
