Do you see it as a problem when there is a significant difference in the hourly rates and/or higher amount of billing hours among Tribunal members on the same arbitration case? Does this have an impact on the process and how counsel and parties view arbitration in general? If you deem it to be a problem, what is the solution?

What are your thoughts?

During a pending arbitration matter, is it acceptable for the arbitrator overseeing the matter to ask one of the parties or counsel to serve as a reference for acceptance into an organization or institution (e.g. bar association or ADR provider membership)? If yes, what type of disclosures should the arbitrator, party or counsel make? If no, when is it acceptable, if at all, for an arbitrator to make such a request from one of the parties or counsel to a previous arbitration matter that he/she oversaw (i.e. months, one year, etc.)?

What are your thoughts?

Do you believe that an arbitrator should regularly encourage the parties to think about settlement (or mediation) at various times throughout the course of an arbitration proceeding, or should they stay away from any discussion of settlement, after the preliminary hearing, and simply recognize that the parties are looking for a final determination from the arbitrator? If an institution is involved, should they be the one encouraging settlement (or mediation) rather than the arbitrator?

What are your thoughts? 

How should an arbitrator handle a situation where a party, during the course of an arbitration, keeps switching counsel when it appears likely, to the arbitrator at least, that this is being done to delay the schedule?

What are your thoughts?

If an arbitrator determines that the facts and legal issues support a damages award in an amount higher than requested by the claimant, is a higher award warranted, and are there precautions the arbitrator should take to protect the viability of such an award?

What are your thoughts?