Speed count

YOU may have noticed some recent adverse comment about the time taken to prosecute a big New York maritime arbitration, with allegations that both sides had been dragging their feet.

There are those who have tried to make some mischief out of this, claiming that London is quicker than New York, and vice versa. There is large element of baloney in all this. In most cases it is not the arbitrators who are responsible for delay, although it might be argued that they could be tougher on wilful slowcoaches. And those who continue to score points for either New York or London, the one over the other, are missing the point. Most arbitrators in New York are no more obsessed with what is happening in London than are London arbitrators continually looking over their shoulders at what New York is doing. Keeping your eye on the hole, and not on the doughnut, just invites the business to go elsewhere.

Justice delayed is justice denied. Arbitrators everywhere have a duty to prosecute disputes with the utmost despatch. They must not, however, be pressured to sign off their awards without proper consideration. One arbitrator told me that this is exactly what happened to him in a recent case. He was unhappy with the haste with which the award was made. Because he is a busy arbitrator, he didn’t have the time to repent at leisure. But he is unlikely to be hurried again.