As an arbitrator, it is a nerve-wracking and somewhat fearful experience to have an award challenged in court. I’m glad to say it isn’t a common experience for me (knock on wood), but it happened recently.
I was relieved to read the judgement – skipping straight to the last page to see whether I had got things right or not. (Do judges do that, I wonder.) The court said I had – big sigh of relief – but it prompted me to think about what what courts expect from us as arbitrators. It was a reminder of some essential things . . . [more]