Reply To: BA compensation – response when contacting legal team

[StillintheSun]

I’ve been through the CEDR process.
Below is the link to the flowchart:
https://www.cedr.com/wp-content/uploads/2020/01/Adjudication-process-flowchart-v2.jpg

In my case CEDR provided a 4.5 page Defence. Within that document were screen shots of their computer entries relevant to their defence (the evidence). I do not believe any evidence was relied upon outside of the Defence as it was neither referred to in the Defence or in the decision explaining why BA lost.

Upon the receipt of the Defence, you may comment thereon. Frankly, if any assertion was not supported by any evidence set out in the Defence I would state the following in reply:
“I note that the following is set out in BA’s defence [insert assertion]. Despite having every opportunity to provide evidence to support the same both prior to and during this arbitration BA have not done so. The assertion ought therefore be disregarded as it cannot be proven by BA. [Moreover, it is contradicted by the evidence I have provided as part of this process] Clearly in these circumstance my evidence vis-a-vis BA’s failure to provide evidence should be preferred.”

I would not compare what goes on with the FOS, with what goes on with CEDR. Of course if anyone has any evidence to support the assertion that in CEDR you do not get to see BA’s evidence as opposed to assertions that would be interesting to know about.