I. The Arbitrator’s Role and Attitude

The arbitrator is the object of counsel’s advocacy, but as a general

rule, the arbitrator has little concern with the techniques of advocacy.

To the extent that the arbitrator has any concern, he may have a

positive attitude in that advocacy assists in the search for the truth in

a timely manner. Conversely, he may have a negative attitude to the

extent he views certain techniques of advocacy as obstructing the

quest for truth or as obscuring it.

 

The arbitrator’s role – at least generally – is to be impartial and

neutral between the contending parties. He is required to treat the

parties fairly and equally, follow principles of good procedure and

move the case along in a timely manner. He likely views his role as

encompassing an obligation to decide the case in the right way for the

right reasons. At the conclusion of the case, he must prepare a

reasoned award setting forth the reasons that justify his decision.

That award will generally take the various evidence of the parties and

combine and reconcile it into a coherent story.

 

There is often a disconnect between the advocate and the

arbitrator when counsel’s advocacy fails to take account of the

arbitrator’s need for a plausible story that fits together the credible

and relevant evidence into a coherent framework. The arbitrator is
generally uninterested in cheap shots, admissions that are