Have you ever heard of an advocate leaving an arbitrator a voice mail message criticizing his/her interim rulings and proclaiming that he/she is not a good arbitrator? What should the arbitrator do? Should the arbitrator withdraw from the case?

What are your thoughts?

Do you use AI in the arbitration process as an arbitrator or counsel? If so, which tools/programs and for what purposes?

What are your thoughts?

Why do some arbitrations take longer—and cost more—than expected?  How can the process become more efficient and cost effective?  

What are your thoughts?

If a Claimant chooses to file a detailed pleading instead of simply submitting a Demand Form, to what extent should the Claimant be held to any deficiencies in that pleading?  For example, if the Claimant pleads certain factual averments but, even if taken as true, they do not rise to the level of a claim, is that an appropriate basis for an arbitrator to dismiss the claim upon the Respondent’s motion?

What are your thoughts?

What is your position regarding the presentation of evidence at a hearing by deposition transcript only (the witness does not appear either in-person or virtual)?

What are your thoughts?

When an institution evaluates arbitrators and mediators, which stakeholders, if any, should have access to those evaluations?

What are your thoughts?

When arbitrators rely on AI to analyze the record—summaries, exhibit identification, or transcript searches—does this constitute “independent research,” and should the parties be given access to the AI outputs to ensure accuracy and fairness?

What are your thoughts?

What happens when an arbitration chair learns during deliberations that the wing arbitrators have sat together on similar cases before and already hold strong views on the outcome—information that was never disclosed? How should the chair manage the dynamics and ensure a fair award process?

What are your thoughts?

If a witness takes notes during the hearing, can the opposing party request access to those notes?

What are your thoughts?

At the end of a hearing in a complex case, the arbitrator[s] usually asks the parties to submit post hearing briefs. If the arbitrator[s] know of a game-changer recent appellate court ruling that has never been raised by the parties in pre-hearing briefing, should the arbitrator mention the case to the parties and ask them to brief it as part of their post-hearing submissions?

What are your thoughts?