§ 12. Discussion - Derlemeler

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Sayfa 29

Members of the audience had the opportunity to put questions to the panellists. Some…

One audience member directed a question to Daniel Greineder: “You pointed out interim relief during your presentation. Many institutions empower the pre-arbitration referees and emergency arbitrators to provide interim relief, but how about their enforceability? So, what is your personal experience, what is your personal opinion about the effectiveness and efficiency of the interim relief?”…

Another audience member commented: “None of my requests for arbitration have been more than two pages because I understand the word “brief” and coming from the common law approach, I understand “brief”. And I’ve always been very grateful that the other side felt compelled to write 60-70 pages in the course of which they tripped themselves up numerous times. But again, my question is that if we are doing brief like this, why do we automatically grant extensions for the reply. In a common law case, with 10 allegations, my response will probably be “admitted-admitted-denied-denied-admitted-denied-don’t” have enough information. I don’t understand why it takes more than 30 days and so I wonder why we are spring loaded to automatically grant time without even consulting claimant.”…

Another audience member developed the issue of guerrilla tactics: “My question is just to pick up on Flore Poloni’s point about employing guerrilla tactics, so unfair tactics as a respondent. I was wondering what kind of experience the panel has in terms of whether you felt uncomfortable with a tactic which your client tried to employ or suggested employing, and what you felt about that how you managed that.”

Lucy MARTINEZ:…