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The author describes arbitrators’ varying approaches to the arbitration hearing, from active and interventionist, to passive, permitting the advocates to present their cases as they choose without inteference from the arbitrator. Arbitrator Greco recommends that, for the sake of efficiency, the arbitrator should obtain, pre-hearing, the partie’s stipulations as to undisputed facts and their agreement …

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The author’s thesis is that the parties and the arbitrator should develop pre-hearing processes that suit their styles and the situations they face, rather than to adhere to custom . It is suggested that the arbitrator begin the hearing with a description of the hearing process, and then inquire about settlement possibilities. The author discusses …

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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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