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?

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When a three-member tribunal agrees on some but not all issues, what are the possible approaches of the arbitrators writing the Award? What is preferable? How should the Award deal with a dissenting arbitrator? Should the dissenting arbitrator sign the Award but issue a short statement of what is not agreed to? Or, should the dissenting arbitrator not sign the Award and write a dissenting opinion? 

What are your thoughts?

What policies do arbitrators use for party cancellations? Do they differ for certain types of cases (e.g., commercial, construction, employment, international)?  What is a reasonable cancellation fee time period, if any?

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Have you ever heard a powerful and convincing analogy made by counsel during an arbitration proceeding? If yes, please explain why it was an effective analogy. What are the elements of a strong analogy in such proceedings?

What are your thoughts?

What is the best way for an arbitrator to raise issues of civility (or lack thereof) on the tribunal? If two arbitrators have issues with the third? When should the problem be raised with the administering arbitral institution?  What if it is an ad hoc arbitration? 

What are your thoughts? 

Should there be limitations on arbitrators handling cases with repeat filers (e.g., disputes between same employer v. different employees or same company v. different vendors)? Does disclosure remedy perceived conflicts of interest, or in the alternative, should there be a cap on the number of cases an arbitrator can handle with the repeat filer? If a cap, what is the best avenue to implement -- e.g., within rules of arbitrator ethics or institutional limitations?

What are your thoughts? 

In a parallel track arbitration-mediation, what kinds of communications or coordination are appropriate, if any, between the arbitrator and mediator, while recognizing that confidential mediation discussions should not be disclosed? What can the parties or the arbitrator do to assist the mediator in scheduling and structuring mediation sessions to optimize the chances of a successful settlement? Should parallel track arbitration-mediations be encouraged by arbitral institutions or arbitrators? Should they be the norm?

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Well before the time that the proof in an arbitration is closed, how can counsel help the Tribunal make a well-informed award? What are the best practices? What should be avoided?

What are your thoughts?

What are the major pitfalls with respect to handling multi-party and multi-contract arbitration disputes? What are the best practices for a Tribunal facing these type of disputes? What should the Tribunal and parties avoid doing?

What are your thoughts?