Does a party have the right to challenge a party appointed arbitrator for conflicts? What should be the standards, if any, for removal? Are the standards different than those for challenging arbitrators appointed by an arbitral institution? Are the standards different for non-neutral arbitrators? 

What are your thoughts?

This question concerns the situation where there is a right to attorney fees to the prevailing party, in particular in employment and consumer matters. Since the advent of many bans on class actions, it is frequently the case that the claimants’ firms represent multiple claimants against the same respondent with nearly identical claims.  Sometimes this occurs in the mass arbitration context, but also frequently where a firm might represent 3-10 claimants.  In evaluating an attorney fee request from the claimant's attorney after a finding in favor of the claimant, how should the firms representation of multiple claimants affect the attorney fee award, if at all. Frequently, the firms are able to use sections of their briefs, particularly regarding the legal issues, in multiple cases.

What are your thoughts?

May arbitrators include "continuing jurisdiction" provisions in awards without party request?  Is this a common practice?

What are your thougts?

How should arbitrators approach quantum calculations? How much should arbitrators ask of the parties and quantum experts? Should the arbitrators decide the quantum issues and write the Award based on the parties submissions and not ask for additional materials from parties or their quantum experts? Or, should the arbitrators ask for additional materials from parties or their experts if they deem such additional information relevant and material to deciding the "quantum" outcome of the case in the Award?

What are your thoughts?

Assuming the arbitrator is authorized to award legal costs and expenses, what factors should an arbitrator consider in determining whether to order a party to provide security for costs? E.g., that party's ability or willingness to comply with an adverse decision on costs in the final award; the effect that providing security for costs may have on its ability to pursue its claim or counterclaim; and the conduct of the parties? Should the party seeking security have to show a reasonable likelihood or possibility of prevailing on its claim or defense?

What are your thoughts?

If an arbitration clause specifies the hearing location and allows it to be changed only upon mutual consent, may a panel meet in a different location in order to hear a witness who is beyond the subpoena range of the designated hearing location? 

What are your thoughts?

Is it ever appropriate to reopen the record after briefing is complete?

What are your thoughts?

How much explanation should be provided in an order denying a motion (such a motion for summary disposition)? Is less more, or does the arbitrator owe the moving party some rationale for denying the motion?

What are your thoughts?

An arbitral institution invites an arbitrator to serve in a commercial case. The demand says that Claimant can’t locate a signed contract, but that its customers usually enter into a standard form contract with them, with the same general terms, including an arbitration clause. A sample of such a clause is attached as an exhibit to the demand.

Should the arbitrator accept the case, when the Claimant has not pled a signed contract, let alone a signed arbitration agreement, and has only pled as indicated above?

What are your thoughts?

Is it appropriate for a party-appointed arbitrator to perform independent research (favorable to the appointing party) and present it to the panel?

What are your thoughts?