THE CHARTERED INSTITUTE
OF ARBITRATORS
EAST MIDLANDS BRANCH
(Chairman: Bill Fisher)
BRANCH
NEWSLETTER
April 2002
CHAIRMAN'S
NOTE
This will be the last message during this
present term as the AGM will be held on 27 April 2002.
Since the last Newsletter the committee and
the Events and PR Working Party have each met to further the aims and duties of
the Branch. Some of our members attended a successful Arbitrators’ Surgery held
at the West Midlands Branch on 23 February as we had decided not to hold a
surgery in our branch this year.
The Demonstration Arbitration held at the
Nottingham Law school in February proved to be a success both in terms of
numbers attending and entertainment, with thespian performances provided by John
Evans, Roy Pickavance and Bill Fisher, whilst Judge David Brunning and I tried
to make sense of the submissions. This must be a format we should try and
revisit during the coming year.
The Branch Annual Dinner and President’s
visit held on 21 March 2002 at The Village Hotel in
On behalf of the Branch I have attended the
Annual Dinner as guest of the President of the Nottinghamshire Law Society and
the President of the Leicestershire Law Society. John Evans has accepted an
invitation to the Annual Dinner of the
There is an Adjudication Legal Update and
Demonstration planned for Lincoln in April when Richard Brackenbury and Robert
Dorrington will make what promises to be an up to the minute presentation.
Numbers are growing fast and we hope to see you there.
All details of Branch Events are of course
posted on the Branch web-site.
The new Branch Directory should now be with
you and is being circulated to suitable contacts. If you would like to obtain
more copies for your office please contact John Evans, the Hon Sec.
The Committee and I are now concentrating on
the AGM which is to be held on 27 April 2002, at Loughborough Central Railway
station, to be followed by a Trip Back in Time on the old Steam train. Please
see the separate notices, booking forms and Committee nomination forms.
My best wishes to you all and my special thanks to those who have made my year as Chairman go so swiftly and dispute free.
Email: chair@CIArb-EM.org
BRANCH
TREASURER’S REPORT
1. BANK ACCOUNT
At
the present time the bank account stands at £3,385.99. There is £1,701.50 that
has been paid into the bank, but not included in the above figure. There is an
invoice to pay for the venue at
In addition, some further costs will be incurred regarding the Branch Annual Dinner, although the majority of the costs have been met.
2. VAT Return
This is in the course of being prepared and will be submitted to H.Q. before the end of April.
3. Functions
Details
will be prepared and submitted for the next newsletter in respect of the
Dinner, Mock Arbitration at Nottingham, and the Mock Adjudication at
Email: treas@CIArb-EM.org
BRANCH PRO
REPORT
The Institute has launched its revised,
all-singing and dancing, user-friendly website on www.arbitrators.org. I have
tried it out, and it works! You will need a password to get into the Members
Section, and can obtain this by contacting webmaster@arbitrators.org.
I picked up from the website that a new business
to business Mediation Scheme has been established for the Finance and Leasing
Association announced as “the first B2B mediation scheme”.
The half-day Demonstration Arbitration on
Thursday 28 February at
The Legal Update and Mock Adjudication will
take place at the Grand Hotel in
I am stepping down from Public Relations
Officer after the AGM, having spent a busy two years trying to raise the
profile of the Institute in the area. I would like to thank all of those who
have helped in arranging and taking part in events.
The Committee has discussed a number of new
projects to continue this work, but we need a new PRO to take the lead – do I
hear a rush of volunteers, or is it the sound of people disappearing under
their desks?
Demonstration Arbitration - Ivor Lott
Friday, 1 Mar 2002 11:28
We had a most successful afternoon yesterday with
Ivor Lott, beautifully overplayed by John Evans, who was proud to demonstrate
his Welsh roots!
On the Preliminary issue, the Arbitrators
found that the RIBA contract prevailed, as Carl Trust had been listening in on
the extension phone, and confirmed the oral acceptance by Ivor.
On the substantive issues :
1 Trust
should have checked the quality of the concrete, and was liable for the
unquantified cost of rectification.
2 Trust
was not responsible for the tiles falling off.
3 Although
the sliding roof had been rectified, Trust should have ensured that it was in
working order for the opening, or had an engineer on standby. Lott was entitled
to damages for distress and inconvenience.
4 Damages
were limited by the contract to £50,000, which was awarded.
However, Lott did not make any
representations about the counterclaim for fees, (he forgot), so he lost
overall! He protested that the Arbitrators did not ask him about this, but to
no avail.
91 delegates booked, and 82 attended, so we
made a useful profit for Branch funds of approx £600, as well as an instructive
and amusing afternoon.
Email: PR@CIArb-EM.org
Web address: www.JeffreyRosenthal.com
WEB SITE
EDITOR’S REPORT
You
will note that on our web site, www.ciarb-em.org, there is a members'
listing, which as been updated. Would you please check your membership details.
If incorrect, please e-mail us at web@ciarb-em.org.
From
now on the newsletter will only be sent in paper form to those who do not have
e-mail addresses since this is a way that the branch can significantly reduce
its administrative expenses.
To
help reduce branch expenses, if you have not submitted your e-mail address,
please send it with your name to web@ciarb-em.org.
Additionally,
if you want your web address to be listed with a link, this can be arranged for
the sum of £10 per annum which will become part of the branch funds. If you
would like this, please send your request to web@ciarb-em.org.
Any additional events or updates to current events will be posted on the website.
Web Site Editor
Email: web@ciarb-em.org
Contributions to the Newsletter are always welcome.