ABSTRACT

In some cases, there may be differences between the parties over an issue, such as documents or witnesses. In those and other cases, the arbitrator may consider calling the parties to a preliminary hearing to sort out the differences, or give directions in correspondence (para 78). As the aim of the scheme is to avoid unnecessary expense and delay, this will only be resorted to if there is no alternative and the arbitrator considers it essential to facilitate the procedure. The arbitrator can express a view on the desirability of information or evidence being available at the hearing. This is also an opportunity to remind the parties of their obligation to co-operate with the process.