Originally from The Dark Side of Arbitration, Second Edition

Preview

I.    Working Collegially Throughout the Arbitration Proceedings
Having previously discussed the potential conflicts among arbitrators that are caused by a fellow arbitrator’s misconduct, we will focus now on the relationships normally expected of arbitrators, which aim to achieve collegiality, cooperation and loyalty. The continued loyal and effective cooperation among arbitrators constitutes the physiology of arbitration, while internal conflicts, such as those discussed before, constitute its pathology.
When they cooperate collegially, the three arbitrators “se fondent en un groupe pour former précisement un tribunal” (“melt into a group to precisely constitute a tribunal”), as stated by a prominent author.  The essence of the relationships among arbitrators could not have been expressed in better words.
In the following paragraphs we will describe how this cooperation among arbitrators should unfold during the different phases of the arbitration proceedings and try to shed some light on an area which often remains in the dark. 
We will begin by focusing on the first contacts among co-arbitrators which occur when the two first appointed co-arbitrators must agree on the President of the arbitral tribunal. Then, the various forms of necessary cooperation among arbitrators will be analyzed with respect to the various phases of the arbitration proceedings: (i) the initial procedural conference; (ii) the submission by the parties of their briefings; (iii) the organization and conduct of the Evidentiary Hearing; and (iv) the activities following the Evidentiary Hearing up to the issue of the final award.