What were you, professionally, before you started working as an arbitrator?

Lawyer, Attorney General, Court of Appeal Judge ( Acting ), Parliamentarian and Minister of Government

What other professional roles do you still have?

I am in active practice as a lawyer, arbitrator and mediator, sit as an Ad Hoc judge on The Caribbean Community Administrative Tribunal ( CCAT ) and sit on some Boards as a Director.

Do you have or tend to work with a back office?

No.

Do you like to use a tribunal secretary?

Yes, if possible and depending on the case.

How much does your approach vary, case to case?

Again, it depends on the case. I find a Tribunal Secretary helpful in monitoring and following up on administrative matters such as correspondence, and in giving support generally.

What is your approach to proposing settlement mid case?

I am in favour of this generally, and encourage the parties to try to resolve their dispute. I also sometimes remind the parties of mediation as a means of resolving their dispute

What is your approach to identifying potentially dispositive issues early?

I think that this is a constructive and cost effective approach. When the issues are narrowed at an early stage, there is more room and space for the parties and their counsel to focus on more potentially complex issues.

What is your approach to indicating the strengths or weaknesses of cases early?

While I am in principle not opposed to this, I think it is very important as an arbitrator to keep and be seen by the parties to keep an open mind, and not to give even an inkling of an appearance of having predetermined an issue in a matter.

How often do you use the IBA rules of evidence? Will you do it against one side’s wishes?

I use the IBA Rules regularly and find them very helpful. However, of the essence of arbitration is the principle of party autonomy, and while I have not encountered a situation in which a party resists use of the IBA Rules, I would be slow to use them in the face of a party’s wish that I did not do so. I would rely on the lex arbitri, or on Rules with which all parties agree.

Do you encourage the use of skeleton arguments?

Yes. Definitely, and with an emphasis on brevity and focus on the relevant issues.

Do you encourage the use of discovery?

In an appropriate case. However, my general approach is to leave this up to the parties.

As a co-arbitrator – will you ever consult with the party who appointed you on the identity of the chair?

It is important to be careful with this, but at the request of and with the consent of the parties, I may. A key factor is transparency and party autonomy.

As co-arbitrator – are you in favour of the parties interviewing candidates for chair that you have identified before any final appointment?

I am not particularly keen on this, but if it is requested by all parties and the interviews are conducted jointly, in the interests of transparency, I would agree.

What is your preference on the presentation of evidence?

Clearly, there is wide discretion in the Tribunal on this. My preference is for witness statements, expert reports and statements and the testing of these on cross- examination as appropriate.

What is your approach to counsel misconduct? Do you prefer to deal with it there and then or to wait until the end of the case?

I take a strong view on this, and feel that it should be called out in a clear, appropriate and sensitive manner at the earliest possible time. My preference would be to deal with it at the time it arises. However, there are circumstances in which it may be appropriate to deal with the misconduct at a time other than immediately as it occurs.

What is your usual approach to costs?

The matter of costs has to be dealt with on a case by case basis. I rely on the general principle that costs follow the event. However, the relevant Arbitration Rules and the views and expectation of the parties also have to be considered.

What is a ‘normal’ turnaround time for you to deliver an award (assuming no exceptional circumstances)?

As soon as possible. Generally, I aim for a turnaround in thirty days, and definitely do not exceed ninety.

Would you describe your procedural style as closer to common or civil law?

I am trained in and have practiced in the common law system, so my procedural style is common law.

What is your policy on cancellations?

I do not charge for cancellations but am careful to ensure that all matters and especially costs are settled.

Have you ever been challenged? Is it reported [please send link]?

No.

How booked up do you tend to be?

I manage carefully the appointments I accept and my scheduling of them, so my appointments are reasonably well spaced.

Are there any types of appointment or case that you prefer not to accept (e.g. construction disputes, investor appointments in investor-state disputes)?

No, as an experienced lawyer and jurisconsult, I am accustomed to and work with a wide range of matters and areas commercial and otherwise.

Do you have any areas of specialist knowledge (legal or industry-related)?

Yes. I have a varied and unique background, having practiced as a lawyer and appeared in the Courts at all levels for several decades. In addition I have worked at the highest levels of all three branches of Government having held public office as A Justice of Appeal ( Acting ), Attorney General, a Parliamentarian and a Minister of Government and Deputy Premier.

I also served on various Boards and Tribunals over the decades and have broad life experience. I am well regarded for my balance and equanimity, cultural sensitivity and ability to work across cultures and generations.