Some arbitration institutions offer an enhanced arbitrator selection process for selecting arbitrators for large complex cases. The process allows for the parties to establish protocols for interviewing potential arbitrators via oral or written questions. What are the best practices (protocols) for an enhanced arbitrator selection process? Why is the process not widely used by parties? Do you see any potential problems with such a process?
Please provide your thoughts/comments below.
If you have a tribunal chair who is fine but is less proactive in working with the parties to shape the process than the wing arbitrators are accustomed to doing themselves, should the wings let the chair run the show and largely stay silent or should they take a more active role?
Please provide your thoughts/comments below.
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?
Please provide your thoughts/comments below.
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?
Please provide your thoughts/comments below.
