Originally from American Review of International Arbitration - ARIA

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I. INTRODUCTION

It has been said that the parties’ right to be heard, i.e., due process, hovers like the “Sword of Damocles” over arbitration proceedings.1 Notwithstanding the fact that only a minimal number of arbitral awards will later be reviewed in courts, the parties’ constitutional and statutory rights to due process must be kept in mind at all stages of the arbitral process.