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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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Discretion in arbitration – Comment

In a further examination of the comparison of arbitral and judicial discretion, Marshall submits that there is little discernable distinction between the proper exercise of judicial, administrative and arbitral discretion; all require sound reasoning. The discretion afforded arbitrators transcends that of average trial judges, however, in that arbitrators function without a jury to decide issues …

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Discretion in arbitration

Although rarely expressly authorized by the parties to exercise discretion as to any matter, arbitrators exercise discretionary authority in the conduct of the hearing, in arriving at the substantive outcome of disputes, and in fashioning remedies. Because arbitrators are selected based upon experience, expertise and reputations for fair and reasonable decisions, the discretionary authority is …

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