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Building the evidence record: The bounds of “arbitral advocacy”

An examination of arbitral discretion in the context of building the evidence record and controlling the hearing: techniques, demeanor, temperament and style with particular emphasis on gradations of arbitral involvement in building the evidence record. Arbitrator Gentile considers the boundaries of arbitral discretion and arbitral activism; Atty. Marcus cautions against “arbitral advocacy”; Arbitrator Nicolau states …

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