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Organizing Documents for Arbitration - Chapter 25 - AAA Handbook on Arbitration Practice - Second Edition

Author(s): 
Leslie Trager
Page Count: 
6 pages
Published: 
December, 2015
Author Detail: 

 Leslie Trager is a practicing attorney in New York City. He also serves on the
American Arbitration Association’s panel of commercial arbitrators.

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Originally from:

AAA Handbook on Arbitration Practice - Second Edition

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CHAPTER 25

ORGANIZING DOCUMENTS FOR ARBITRATION
 
Leslie Trager
 
I. Introduction
 
Generally, we arbitrators tend to rely on the parties to determine how
to organize and present their documents. So, unless the parties’ advocates
are skilled in arbitration and know techniques to make the process of
presenting evidence more efficient, at the arbitration hearing each side
could end up with ten boxes of documents nicely collected in three-inch
binders. The problem for the arbitrator is that some of the documents are
duplicative and many others may never be mentioned during the hearing.
The more documents there are, the longer it takes to find the one that is
the subject of discussion.

Even more time is usually necessary to locate specific language, or
particular paragraphs or subparagraphs, in a large document, such as a
contract. I have seen these logistical problems firsthand while serving as
an advocate in arbitration and as an arbitrator. I think the arbitration
could be made easier for the arbitrator if these problems were avoided or
minimized. This can be accomplished if the arbitrator tells the parties in
advance of the hearing—a good time would be the preliminary
conference—how he or she would like documentary evidence to be
organized. Here is my list of preferences concerning pre-hearing
document organization.