The Hearing on the Merits - Chapter 9 - The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration - 2nd Edition
Henri C. Alvarez, Esq., Partner, Fasken Martineau, Vancouver, British Columbia, Canada
William L. D. Barrett, Esq., Of Counsel, Butzel Long, New York, New York
Louis A. Craco, Esq., Independent Arbitrator and Mediator, Manhasset, New York
James P. Groton, Esq., Independent Arbitrator, Atlanta, GeorgiaCurtis E. von Kann, Since 1997 he has been a full-time arbitrator, mediator, and neutral case evaluator in the Washington, DC office of JAMS, where he has served as sole arbitrator, tribunal member, and tribunal chair in a broad range of xxviii Guide to Best Practices in Commercial Arbitration commercial arbitrations. Judge von Kann is a member of the Chartered Institute of Arbitrators in London, a member of the Distinguished Neutrals Roster of the International Institute for Conflict Prevention & Resolution (CPR), and Immediate Past President of the College of Commercial Arbitrators and has lectured and published on many ADR topics. He served as Editor-in-Chief of the first edition of the College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration.
The arbitrators’ goals with respect to the hearing on the merits are to (1) provide each party a fair opportunity to present its evidence and argument; (2) make the hearing as smooth, efficient, and expeditious as possible; and (3) provide arbitrators all the information they need to properly resolve the issues presented.
I. DESIGNING THE APPROPRIATE HEARING PROCESS
Arbitrators should utilize their broad discretion concerning management of the hearing to establish and carry out arrangements and procedures that are fair, appropriate to the particular case, and to the extent reasonably possible, acceptable to all parties.