Dispute resolution: expert or arbitrator?

Article Abstract:

Commercial contracts accountants in the UK should be aware of the difference between the role of expert and that of arbitrator and the inherent legal ramifications of both before undertaking a project. Contracts often include the phrase 'acting as expert and not as arbitrator' in order to provide for circumstances in which a conflict of interest between parties arises in the future which cannot be determined at the time the contract was negotiated. Under legal theory, an arbitrator exercises a judicial function in which a reasoned choice between submissions made by the parties is made, using judicial expertise to assess the quality and relevance of arguments and evidence. Experts are appointed to make a decision based upon their own investigations and expertise and do not exercise a judicial function. Arbitrators, in exercising a judicial function, typically are immune from liability for negligence while experts, who owe a duty to parties, are not.

Accounting and auditing, Contracts, Arbitration (Administrative law), Administrative arbitration

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Order, liberty and the profession

Article Abstract:

The professional organizations of chartered accountants in the UK need to be amalgamated into one Chartered Institute of Accountants in order to rationalize the process by which the government receives feedback from the profession and to harmonize the differing points of view held by the different bodies. The accounting profession needs a new type of professional body with a president appointed for a minimum of a three to five year term, a director general, a full-time paid employee to manage long-term policy initiatives, and a secretariat for representing the interests of accountants and to negotiate directly with the government. The profession should create an overall body to represent the accounting profession in order to prevent the government acting to do so under the provisions of the Companies Act of 1989.

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Annual conference

Article Abstract:

The Institute of Chartered Accountants in England and Wales held its 1990 annual conference in Brussels, Belgium. The foreign setting, which serves as the capital of the European Community (EC), highlighted the important issue facing the UK accounting profession, the imminent single European market of 1992. Many leading accountants, lawyers, and officials from EC countries participated in the conference. The conference proceedings made it apparent that the UK accounting profession needed to do more towards establishing themselves in other EC countries before 1992 as there will be fewer opportunities for those who wait.

Analysis, Conferences, meetings and seminars, Institute of Chartered Accountants in England and Wales, Single European market

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