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22/08/2022
Activity 1 Suggest hour You are the Arbitrator. One afternoon during a recess in a Hearing you are sitting quietly in your office and the phone rings. It is one of the parties. He is acting for himself in the arbitration. a. how would you react ? b. would you react differently to a professional acting for his client ? Activity 2 Suggest 1 hour In a short one-day arbitration the parties agreed at the preliminary meeting that a shorthand note should be taken of the proceedings, and this formed part of your Order for Directions. At the hearing the shorthand writer appears and announces that she has sprained her wrist and cannot take shorthand. No other shorthand writer is available. The claimant wishes to adjourn the hearing, the respondent objects and asks that you proceed and make such notes of evidence yourself as is possible. a. What do you do ? At the continuation of the hearing one side announces that it wishes to be represented by counsel, no previous notice of such intention having been given. The other side objects and applies for an adjournment so that he too can be represented by counsel. b. What do you do ? At the beginning of the hearing one side announces that, as a training exercise for staff, it has invited a number of employees not directly concerned with the subject matter of the arbitration to be present to observe the procedure. The other side objects. c. What do you do ? Would it make any difference if the persons invited were not employees of the party, but were employees of an associate company ? Activity 3 Suggest 1 hour You are appointed sole Arbitrator in a dispute which requires a legally qualified Arbitrator. On the first day of the hearing only one side turns up although both sides have acknowledged receipt of a notification of the hearing date. The missing party cannot be contacted by telephone or fax. a. What do you do ? The party present, which is the claimant, says that he has produced a witness who will not be available at any other time because he is about to go abroad for several months, and his evidence will not therefore be obtainable. He applies to you to have the witness heard notwithstanding the fact that the respondent is not present. b. What do you do ? c. The applicant then makes unsolicited statements of fact which he tells you he has not disclosed to the respondent and which he asks you to keep confidential. What do you do ? Activity 4 Suggest 1 hour Identify and order the issues to be determined from the following pleadings : (usual headings: Quick Build Ltd is the Claimant, Ancient Houses Ltd the Respondent) STATEMENT OF CLAIM 1. The Claimant is a building contractor based in Luton. The Respondent is a development company based in Bristol. 2. By a contract in writing constituted by the Claimants tender dated 13.02.16 and the Respondents letter of acceptance dated 01.03.16 the Claimant undertook to design and construct two dwellings to specified requirements; in consideration for which the Respondent undertook to pay the contract price of 354,000. 3. It is an implied term of the contract that the Claimant would be entitled to payment for any costs reasonably incurred in complying with variations and other instructions issued by the Respondent. 4. It is also an implied term of the contract that the Claimant would be entitled to a reasonable extension of the time for completion in respect of any delay that might be caused by the Respondent or by any other cause beyond the Claimants control. 5. It is a further implied term of the contract that the Claimant would be entitled to reimbursement of any additional costs that might be attributable to such delay. 6. The local authority was dilatory in granting planning and building regulations approvals, causing a delay of one week to the commencement of site work, which delay was beyond the control of the Claimant. 7. During the course of the work the Respondent ordered alterations to the internal layout of the dwellings and changes to the bathroom fittings, which changes resulted in additional costs of the work itself, and caused delays which further increased the costs of the works. 8. The effect of the delays and variations was to increase the value of the contract by approximately 95,000. Hence the amount of the final account is 449,000. 9. The Respondents payments to date total only 349,200 and accordingly the claimant claims the balance due, namely 99,800, plus interest thereon at 2% above base rate, plus costs. Served this 1st day of April 2016 by Bill Fortescue: Managing Director, Quick Build Limited.
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