Synopsis By: Dissen - Proceeding Author: Lawrence M. Kearns

An arbitrator’s sole function is to decide a specific issue according to the submission of the parties and the record presented. Among the most egregious abuses of arbitral power, therefore, is deciding a case on a basis that neither party had placed before the arbitrator. Three-member arbitration panels provide a means by which the parties can police against abuse of arbitral power and unnecessary problematic comments in an award. Abuses of power may also occur in the conduct of a hearing; arbitrators should resist extensive examination of witnesses.