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The Case Against Post-Decision Debriefing in Arbitration - Chapter 46 - AAA Handbook on Commercial Arbitration - 2nd Edition

Author(s): 
Steven A. Arbittier
Page Count: 
4 pages
Media Description: 
PDF from "AAA Handbook on Commercial Arbitration - 2nd Edition"
Published: 
September, 2010
Jurisdictions: 
United States
Practice Areas: 
ADR,
Arbitral Decisions,
Judicial Decisions
Author Detail: 

Steven A. Arbittier is Senior Counsel (retired) with Ballard Spahr Andrews & Ingersoll LLP in Philadelphia. Arbittier is chairman of the Procedural Rules Committee of the National Construction Dispute Resolution Committee of the American Arbitration Association. He received a B.A. from the University of Pennsylvania and a J.D. from the University of Pennsylvania School of Law. Since 1982, he has edited the Philadelphia Court of Common Pleas Civil Practice Manual.

 

 

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Description: 
I. Introduction
For many years the mantra of seasoned arbitrators has been: “When rendering an award, the less said the better.” Not anymore. 
One of the consequences of the ADR revolution has been a growing awareness that the parties control the process and are free to tailor it to meet their needs. Nothing is more frustrating after a hard-fought arbitration (particularly to the losing party) than not having the foggiest idea how or why the arbitrators did what they did. That is why the American Arbitration Association’s arbitration rules give the parties the power to require arbitrators to explain themselves. Rule R-42 of the AAA Construction Industry Arbitration Rules states: “The arbitrator shall provide a concise, written breakdown of the award. If requested in writing by all parties prior to the appointment of the arbitrator, or if the arbitrator believes it is appropriate to do so, the arbitrator shall provide a written explanation of the award.”
Similarly, Rule R-44(b) of the AAA Commercial Arbitration Rules states: “The arbitrator need not render a reasoned award unless the parties request such an award in writing prior to appointment of the arbitrator or unless the arbitrator determines that a reasoned award is appropriate.”
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