An Arbitrator’s Wish List - Chapter 14 - AAA Handbook on Arbitration Practice - Second Edition

Author(s):

Stanley Weinstein

Page Count:

6 pages

Media Description:

1 PDF Download

Published:

December, 2015

Author Detail:

Stanley Weinstein, a non-practicing attorney and CPA, is an arbitrator specializing
in commercial and real estate disputes. He has been on the American Arbitration
Association roster since 1994

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Description:

Originally from:

AAA Handbook on Arbitration Practice - Second Edition

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CHAPTER 14

AN ARBITRATOR’S WISH LIST

Stanley Weinstein

I. Introduction

What can the attorneys and the parties to arbitration do to help the

arbitrator decide their case? Put more accurately, what can they do that

will make it easier for the arbitrator to gather all the key facts and render

an appropriate decision?

The question is often asked by those who have never participated in

arbitration as well as those who have, but have never before dealt with

the arbitrator who is selected to hear the dispute. The question embodies

an important principle—that the attorneys for the parties should help the

arbitrator as much as possible. This article discusses the ways in which

they can carry out this principle.

II. The Wish List

A. Treat the Arbitrator with Respect

The parties, with their attorneys, have selected an arbitrator with

integrity, sound judgment, and specialized knowledge, rather than an

anonymous jury or generalist judge to decide their case. They have done

so presumably in order to benefit from the arbitrator’s experience

arbitrating cases and his knowledge in the field involving the dispute.

Accordingly, the attorneys should not underestimate the intelligence or

abilities of the arbitrator. It is a “no-no” to talk down to the arbitrator or

to belittle his or her experience or knowledge in any way. As the decision

maker in the case, the arbitrator is entitled to the utmost respect. If in

doubt as to whether the arbitrator understands a particular point, ask the