Both ends against the middle

摘要

Is it the dispute decider's job to pick one of the warring parties' positions and declare it the right one? Or can they come up with a solution that neither party argued for? The Multiplex vs Mott MacDonald dispute is interesting in itself. Interesting as well is a remark or two from the senior judge in the case. "It is commonplace in dispute resolution that the judge, arbitrator or adjudicator may come to a decision that is somewhat different from that advanced by any individual party." And if I may add: I agree ... and it causes the individual party to reach for their head and pull out great fistfuls of hair.