What do you regard as the most important differences between arbitration and litigation in court? 

Arbitration offers the parties to the dispute the opportunity to choose the place of the arbitration (and thereby the law affecting the arbitration), the rules governing the arbitration and, most importantly, the decision-maker, i.e., the arbitrator or arbitrators who will control the proceeding and issue the ultimate award. Of equal importance, arbitration, by means of the New York Convention, affords virtual worldwide enforceability which is not the case with litigation. Arbitration also offers flexibility and confidentiality; the procedures can and should be adapted to the case at hand. Properly handled, arbitration is more economical and quicker than litigation.

What are the best ways to achieve efficiency in arbitration consistent with fairness to all parties?

Efficiency in arbitration requires the active involvement of the arbitrator or arbitrators from the beginning. Ground rules and schedules should be established early and, most importantly, adherence should be enforced. Parties will be expected to present their evidence and arguments and will be given all reasonable means to do so. Efforts to delay or sidetrack the proceeding, however, should be thwarted. Fairness is achieved by applying the rules of the arbitration to each party to the arbitration in an even-handed manner and by demonstrating that these rules matter. Discovery and orders for document production should be used judiciously and in response to particular requirements of the case.

Do you believe that arbitrators have the right or an obligation to conduct their own legal research?

Arbitrators must read and listen to the submissions and presentations of the parties in their entirety and carefully. Submissions, in particular, will often be accompanied by references to cases, articles, laws and regulations which can and should be reviewed. Occasionally, arbitrators may, in order to follow a line of thinking, review cases, sources or laws not submitted by the parties. This is natural and to be expected. Arbitrators bring their expertise to an arbitration—in fact they are often chosen for such expertise. However, if such inquiry leads to new issues regarding the particulars of the case that the arbitrators believe are important and should be addressed, the arbitrators must raise any such questions or issues  with the parties. They should not and must not make decisions on theories that have not been reviewed and tested by the parties.