CASE MANAGEMENT
What you may expect if you select David Mandel as an arbitrator:
My responses to some common case management questions are set out below:
Do I believe it is acceptable for an arbitrator to delegate work to a junior lawyer who is not a member of the tribunal? No.
Do you believe that it is acceptable for a tribunal to appoint a secretary to assist it with the administrative tasks relating to the proceedings? Rarely.
Do I believe it is appropriate for tribunals to identify and decide potentially dispositive issues early in a case, even if one of the parties does not consent? In some cases, it might be appropriate. However, in my view, it is far more important to insure the cost efficient and timely process of getting arbitration disputes to final hearing and award.
Do I believe it is appropriate for tribunals to assist parties in reaching settlement? I believe arbitrators should encourage parties to engage in good faith settlement efforts, including mediation. However, arbitrators should not also act as mediators and/or assist the parties in reaching a settlement.
Do I believe international tribunals should apply the IBA rules in proceedings even if one of the parties objects to their application? I believe that tribunals should not impose “soft law” such as the IBA Rules upon the parties in the face of opposition but should encourage the parties to consider their use in the interests of consistency in arbitral procedure.
Do I believe it is appropriate for international tribunals to grant a party’s request for e-discovery? Yes, provided it is narrowly focused, appropriately targeted and the cost is not disproportionate to the potential relevance of the documents.
Do you prefer for parties to provide a summary of their arguments to the tribunal before the hearing? Yes.
Do I make myself available for interviews by parties before being appointed as a party-nominated arbitrator? Yes, but normally limited in accordance with the Guidelines for Arbitrator Interviews developed by the Chartered Institute of Arbitrators.
If you are appointed as a co-arbitrator, do you think parties should interview a prospective chair that you and the other co-arbitrator have identified, before agreeing the appointment? No.
Do I believe party nominated arbitrators should consult with the parties who appointed them before proposing names for a chair to the other party-nominated arbitrator. Not invariably, but where appropriate.
Do I believe it is appropriate for a party to recover all of its reasonable costs (including counsel fees) if it has prevailed on its claims or defenses? Yes, subject to contrary agreement by the parties.
Do I view myself as conducting proceedings more in the style of the common law, the civil law or no preference? I have a common law background. However, I conduct proceedings in the style of “international arbitration,” namely with a view to a prompt, efficient determination of the dispute in conformity with party expectations, and without excessive discovery or lengthy hearings.
