1. CIArb SEMINAR 14 JUNE 2013 Decision making Adjudicator’s and Arbitrator’s perspective Peter Aeberli DipICArb RIBA ARIAS ACE FCIArb Barrister Chartered Arbitrator, Adjudicator Accredited CEDR Mediator Peter Aeberli - 2012 www.aeberli.com 1

2. CONTEXT OF DECISION MAKING Remedies and Relief Claims and Defences Evidence and law Submissions Procedure – Fairness and Impartiality What is its purpose? Achieving this purpose in Arbitration and in Adjudication Decision making What happens here? The Decision Claims succeed or fail Remedies and Relief granted Peter Aeberli - 2012 www.aeberli.com 2

3. DECISION MAKING – The logical bit Remedies And Relief Case Statements Causes of Action and available Defences What Facts and law have to be considered and in what order Evidence Oral, Documentary, Real (rules of evidence) Background and Issues Law Statue, case law and other authorities (precedent) Decision on the Issues determines whether Claims succeed or fail and what Remedies or Relief is granted Public policy Peter Aeberli - 2012 www.aeberli.com 3

4. DECISION MAKING – What does the Tribunal bring? Rational approach Evidential narratives, Legal submissions, Just outcomes Personal factors Deductive (Rules first, then facts) Inductive (justice and facts first, the rules) What facts should be found, What law used, What consequences follow What story to tell Sociological (background, social forces, phycology) Idiosyncratic Political BackgroundIssuesRelief and Remedies Peter Aeberli - 2012 www.aeberli.com 4 Note: Judicial decision making has been the subject of much academic research (accessible on the web) on which some of this categorisation is based.

5. CIArb SEMINAR 14 JUNE 2013 Decision making Adjudicator’s and Arbitrator’s perspective THANK YOU Peter Aeberli Peter Aeberli - 2012 www.aeberli.com 5