The author, an attorney and arbitrator in Pittsburgh, is on the panels of the American Arbitration Association, Federal Mediation & Conciliation Service, and National Association of Securities Dealers, among others. He gratefully acknowledges the assistance of John O'Donnell, a private practice attorney with experience in construction, commercial and labor arbitration, in the preparation of this article.
Among the many matters which rest within the discretion of an arbitrator as to the manner in which a hearmg will proceed is the determination of whether or not to grant a request to sequester witnesses. Yet, says the author, in many cases the hands of the neutral are tied when a witness breaches a sequestration order. Dissen explains why this is so even when it seems implicit that arbitrators possess the authority to enforce sequestering orders under most accepted rules and policies of arbitration.