15 May 2023
We interview Paul Rose C.Arb FCIArb and Susan Lindsey C.Arb FCIArb, both members of the PCA – Arbitration Panel
Paul Rose C.Arb FCIArb
Paul is a director of Robert Crawford Limited and a member of ArdDB Chambers. Paul specialises in resolving property disputes, with a particular emphasis on rent reviews and lease renewals in Greater London. He acts as an expert for one party and also arbitrates disputed rent reviews and other property-related disputes.
Tell us about your professional experience
I am a qualified Chartered Valuation Surveyor and a Chartered Arbitrator with 51 years of experience in property valuation and of dealing with property disputes with private, corporate and local government parties. Apart from my BSc in Estate Management, I hold an LLM in International Commercial Law and Dispute Resolution from Bond University (2019). I have been both an external tutor in valuations and the external examiner in the final year of the external degree in Estate Management at the College (now University College) of Estate Management.
I have had 94 appointments as sole arbitrator in a variety of cases, though predominantly property orientated; and over 150 appointments as mediator in national and international cases; including a $60 million ICSID (International Centre for Settlement of Investment Disputes) case and a $40 million case in Malaysia. I hold arbitration panel appointments with Ciarb, the London Court of International Arbitration (LCIA), the Saudi Centre for Commercial Arbitration (SCCA) and the Asian International Arbitration Centre (AIAC). I am a member of the mediation panels with Ciarb, SCCA, the Royal Institution of Chartered Surveyors (RICS), and LCIA; and am also a member of the International Mediation Institute (IMI), the Singapore International Mediation Institute (SIMI) and the London Maritime Arbitrators Association (LMAA). I have taught mediation advocacy for the Standing Conference of Mediation Advocates (SCMA) and am a member of their advisory board, and the advisory board of the Dubai Mediation Centre. As an arbitrator, I deal predominantly with property disputes and bring that experience to bear as a member of the PCA Arbitration panel. I also accept appointments under the Commercial Rent (Coronavirus) Act 2022 scheme. I consider it important to contribute to the dispute resolution profession and so I took an active role in the London Branch of Ciarb, eventually being elected Chair of the Branch for 2019/20.
How and why did you choose to embark on a career in dispute resolution?
I began in 2000 following my stint as an examiner for the external degree in estate management. I took the Diploma in Arbitration Course at the (then) College of Estate Management. It was a tough course and less than half of the initial contingent passed. Less than 10 percent of us went on to obtain the pupillage necessary to advance to Chartered Arbitrator status. I managed to obtain pupillage from a number of Chartered Arbitrators through Ciarb together with a KC full-time arbitrator. It took me two years to complete my pupillage and, in November 2005, I passed my peer interview. This was very challenging; at least one lawyer candidate was unsuccessful. After admission as a Chartered Arbitrator, it took some months before I received my first appointment. Over the years, the appointments have grown in number.
What opportunities have you been exposed to through being on the PCA panel?
The PCA training was needed to be able to take on PCA cases. It is very specific and intensive. The assessment, involving a timed period to answer 50 multiple-choice questions, is challenging. The benefit of the training is learning where to find the detailed elements of the Pubs Code, which provide the solutions to problems that can arise in cases. A derivative opportunity is that with the fought PCA cases, awards are published. Consequently, much can be learned from reading colleagues’ awards.
What recommendations do you have for those starting out their career in dispute resolution?
In general terms, as against specific PCA cases, which are different, my initial recommendation is to be patient. Appointments do not appear automatically upon becoming a Chartered Arbitrator. It takes time to become known and to be selected. It helps to take an active role in Branch life so as to broaden one’s profile. For PCA cases, the appointments, though not guaranteed, are likely to follow for as long as the scheme lasts. There are only 14 arbitrators qualified to take on these cases so far.
I also recommend working actively upon making contacts with the guardians of disputes i.e. solicitors actively involved in litigation. That may seem like a conflict because lawyers earn more from pursuing their clients’ cases to Court. However, the Courts’ encouragement of private dispute resolution forces solicitors to suggest arbitration.
Susan Lindsey C.Arb FCIArb
Susan is a barrister whose practice is construction and engineering. Before being called to the Bar, she practiced as a Chartered Architect. For the last seven years, Susan has focused on undertaking tribunal/neutral work in a range of capacities, including as a UK construction adjudicator.
Tell us about your professional experience.
My professional journey has been full of variety. After five years of study at University College London (UCL), I qualified as a Chartered Architect and worked in commercial construction, including both office-based and site roles. I found I particularly enjoyed the analytical and legal aspects of my work, and so undertook a part-time Master’s degree in Construction Law and Arbitration at Kings College London. The course admitted a mix of lawyers and construction professionals, and I found it a great opportunity to learn about the legal underpinnings of the construction industry and the people who work at that interface. Eventually, I decided to switch careers completely and was called to the Bar.
Why did you choose to pursue a career in dispute resolution?
My early years in practice at the Bar covered a range of civil law disputes, including a significant amount of landlord and tenant work. Over time, my practice became focused on construction disputes of all kinds – from final account claims to professional negligence. My construction background also proved useful in a range of other technical disputes, such as mining subsidence and mechanical failures. In recent years I have worked mainly as a neutral rather than as a party representative, and I have found I enjoy the role of decision-maker.
My breadth of experience across different industries and in different roles has been very useful in my present work. As a construction adjudicator, I have to decide disputes in which often, at least one party is under urgent commercial pressures. Disputes arise in a range of technical circumstances, and tight statutory timetables are the norm. For the last five years, I have also acted as a High Court-appointed examiner. This involves taking evidence by deposition for both UK and overseas Courts. I deal with a wide range of witnesses who give evidence about matters ranging from international trade to domestic disputes. These roles have given me considerable experience in dealing with parties with disparate knowledge of formal dispute resolution and with unequal financial resources. I see a public service element in these roles; in particular, I understand the importance for parties who rarely engage in formal dispute processes of having access to clear and cost-effective dispute resolution.
Why did you choose to join the PCA Arbitration Panel?
My personal approach has always been one of moving forward and embracing new challenges. When I was invited to undertake the Pubs Code Adjudicator training, I was keen to engage. I thought there would be overlaps of the Pubs Code jurisdiction with much of my previous experience, including decision-making in a commercial context where the resources of the parties are often mismatched and operating within a statutory dispute resolution framework. I was also impressed by the many aspects of the Pubs Code scheme that encourage transparency, including regular updates being provided by arbitrators and the positive approach towards publishing awards. Similarly, I was impressed by the clarity of the PCA Fact Sheets and the steps that have been taken to make the scheme more understandable for tied tenants. In my view, it is always important for dispute resolvers to work towards achieving this kind of purposefulness and accessibility. It is exciting to be part of the Pubs Code Adjudicator’s strategy (published in August 2022), which identified arbitral excellence as an area to work on.
I understand I have been asked to contribute to this article in part because I am the first woman to be appointed to the Pubs Code Panel. I did not know there were no women on the panel when I did the training and exam, but I am delighted to be able to move the panel towards better reflecting the range of people who rely on it. I have spent much of my career in and around sectors where women are underrepresented, and the gender balance seems to get worse at more senior levels. Many people have much more wisdom than I have on this topic, and there are many welcome initiatives to redress the balance that we can all support. However, increasing the visibility of any underrepresented group on dispute panels must be a positive step.
What recommendations do you have for those starting out their career in dispute resolution?
My advice to anyone interested in moving towards a career in dispute resolution is to take up opportunities that increase their breadth of experience. Even if not a tribunal-type decision-making role, or even a paid role, advisory opportunities that allow participation in debate and weighing options are valuable. Such opportunities can also enable you to contribute a viewpoint that might not otherwise be heard and facilitate some giving back. A few decades after ceasing practice as an architect, I now sit on the Royal Institute of British Architects (RIBA) Standards Committee, which focuses on the knowledge and skills of RIBA members and their relationship with the public. While I welcome the opportunity to support the RIBA and the Committee with its valuable work, I too benefit and learn from the challenges that arise from the debates and from the viewpoints of my fellow Committee members.
Ciarb is the sole provider of Arbitration Referral Services to the Pubs Code Adjudicator (PCA). Any referrals for arbitrations made under the Pubs Code should be sent to the Ciarb Dispute Appointment Service (DAS) team using the email address firstname.lastname@example.org.
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