Case Management Approach
Gerry Ghikas uses the flexibility of arbitration procedures to control time and cost while ensuring that all parties have an opportunity to be heard. He is respectful of the role of counsel but also is a strong believer that the arbitration process should be managed in a way that is consistent with the priorities and procedural expectations of the parties themselves.
He encourages participation of the parties themselves in case management conferences, when important decisions are made about such matters as hearing dates and length (assuming an evidentiary hearing is required), the appropriate pre-hearing procedural steps, and the pre-hearing schedule. Decisions with respect to these matters, which are typically made at an early stage of the proceeding, have a significant impact on the time and cost of the arbitration. The case management conference offers an opportunity for the parties to indicate where they wish the procedural balance to be struck.
Disclosure Policy (Conflicts of Interest)
Unless the parties or the administering institution have specified other criteria, for the purposes of disclosure of circumstances that might give rise to justifiable doubts as to independence or impartiality, Gerald Ghikas will:
- in general be guided by the IBA Guidelines on Conflicts of Interest, 2014
- rely on and take into account the corporate and individual names of the parties or related persons or entities provided to him by the parties or the administering institution, and will not conduct his own investigations to identify other potentially related persons or entities.
Gerald Ghikas receives nominal, fixed, retirement benefits from Borden Ladner Gervais LLP as a retired partner of that firm. He does not, however, have access to its client or conflicts data base. As it has been more than three years since he was a partner of Borden Ladner Gervais LLP, Gerald Ghikas will not search for or disclose connections between that firm and any person.