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12 November 2010 / Maggie Stilwell
Issue: 7441 / Categories: Opinion , Arbitration
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Where are all the accountants?

Arbitrations offer the parties engaged in a dispute some choice in the selection of arbitrators

Maggie Stilwell presents the arguments for accountants as arbitrators
Arbitrations offer the parties engaged in a dispute some choice in the selection of arbitrators. Even though there is a wide range of commercial cases and issues resolved through arbitration, it is striking how lawyers dominate these appointments, over other professionals or lay people with experience relevant to the case. As an accountant, I am interested in why this is so, even for cases where accounting, financial or commercial issues are central. It is customary for accountants to give expert evidence in arbitrations, but far less usual for them to act as an arbitrator. And yet a proper mastery of the accounting, financial and commercial aspects can be so important to the quality of the decisions reached in arbitrations.

Damages

Clearly, most arbitrations involve disputed legal issues, requiring the expertise of a lawyer to resolve them. But in a panel of three or more arbitrators, does that mean that

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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