Originally from Dispute Resolution Journal

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.