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…

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 ….

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…