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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 only lawyers should act? Unlike the courts, which can impose

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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