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Management Functions And The Arbitrator

Management Functions And The Arbitrator MANAGEMENT FUNCTIONS AND THE ARBITRATOR R. Baden Hellard, Dip.Arch., F.R.I.B.A., M.B.I.M., F.I.Arb., England. (Speaking at the Fourth International Arbitration Congress) TT was Aristotle's suggestion that the arbitrator had regard to equity and the -*" judge to law, to which management pundits of the second half of the 20th Century might add "and the manager to effective operations to preclude the cause of disputes arising". "Management", one might say, is the preventive medicine of arbitration. There are as many definitions of management as there are pundits but as the 20th Century advances, increasingly disputes will arise, more as a conse­ quence of the limitations of, or failures in management than from the inadequate specification or the faulty performance of materials or design. Today the practical achievement of almost any scientific or technical advancement requires the marshalling of people and plant in an ever more complex inter­ dependence. Today, success in an industrial enterprise depends upon the indivisability and interdependence of men, machines, materials, methods and moneythe five "M"s of management. Definitions range from "The direction of men and materials to a given end", which is more appropriate at the technical end of the industrial spectrum, to "Getting work done through http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asian International Arbitration Journal Kluwer Law International

Management Functions And The Arbitrator

Asian International Arbitration Journal , Volume 40 (1): 5 – Feb 1, 1973
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Publisher
Kluwer Law International
Copyright
Copyright © 1973 Kluwer Law International BV, The Netherlands
ISSN
1574-3330
Publisher site
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Abstract

MANAGEMENT FUNCTIONS AND THE ARBITRATOR R. Baden Hellard, Dip.Arch., F.R.I.B.A., M.B.I.M., F.I.Arb., England. (Speaking at the Fourth International Arbitration Congress) TT was Aristotle's suggestion that the arbitrator had regard to equity and the -*" judge to law, to which management pundits of the second half of the 20th Century might add "and the manager to effective operations to preclude the cause of disputes arising". "Management", one might say, is the preventive medicine of arbitration. There are as many definitions of management as there are pundits but as the 20th Century advances, increasingly disputes will arise, more as a conse­ quence of the limitations of, or failures in management than from the inadequate specification or the faulty performance of materials or design. Today the practical achievement of almost any scientific or technical advancement requires the marshalling of people and plant in an ever more complex inter­ dependence. Today, success in an industrial enterprise depends upon the indivisability and interdependence of men, machines, materials, methods and moneythe five "M"s of management. Definitions range from "The direction of men and materials to a given end", which is more appropriate at the technical end of the industrial spectrum, to "Getting work done through

Journal

Asian International Arbitration Journal – Kluwer Law International

Published: Feb 1, 1973

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