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?

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?

What are your thoughts?

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?