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The Arbitrator’s Power of Suggestion

One of the least discussed powers of the Arbitral Tribunal is the power of suggestion. Professor Piero Bernardini, a well-reputed continental arbitrator and scholar, has described the arbitrator’s task in achieving an efficient process as “a balance between ‘proactive and judicious efforts’ to move proceedings forward in an efficient manner while at the same time […]

Guidance for Inexperienced Arbitrators: Should Providers Do More?

You may not recall the last time a hearsay objection was sustained by an arbitral tribunal. And understandably so. Arbitrators “take [the hearsay evidence] for what it’s worth,” and steer clear of challenges to their awards on grounds (FAA Section 10 (a)(3)) that they committed “misconduct” by “refusing to hear evidence.” But just suppose: In […]