When arbitrators rely on AI to analyze the record—summaries, exhibit identification, or transcript searches—does this constitute “independent research,” and should the parties be given access to the AI outputs to ensure accuracy and fairness?

What are your thoughts?

What happens when an arbitration chair learns during deliberations that the wing arbitrators have sat together on similar cases before and already hold strong views on the outcome—information that was never disclosed? How should the chair manage the dynamics and ensure a fair award process?

What are your thoughts?

If a witness takes notes during the hearing, can the opposing party request access to those notes?

What are your thoughts?

At the end of a hearing in a complex case, the arbitrator[s] usually asks the parties to submit post hearing briefs. If the arbitrator[s] know of a game-changer recent appellate court ruling that has never been raised by the parties in pre-hearing briefing, should the arbitrator mention the case to the parties and ask them to brief it as part of their post-hearing submissions?

What are your thoughts?

What would should an arbitrator do if sitting on a tribunal or acting as sole arbitrator and mid-way through the process the parties make their expert disclosures, and it turns out that one of the experts is someone she/he knows and with whom she/he has had a very bad experience involving their veracity?

What are your thoughts?

Some arbitration institutions offer an enhanced arbitrator selection process for selecting arbitrators for large complex cases. The process allows for the parties to establish protocols for interviewing potential arbitrators via oral or written questions. What are the best practices (protocols) for an enhanced arbitrator selection process? Why is the process not widely used by parties? Do you see any potential problems with such a process? 

What are your thoughts?

Besides background experience, expertise, education, speaking engagements, fees, etc., what other information should an arbitrator's resume contain and why? Should it list how many cases served on to award and times served as a chairperson? Should it confirm whether or not the arbitrator is willing to do either virtual (listing types of platforms) and/or in person hearings? What are your thoughts on including a photo and/or video? Is it important to self-identify race and gender on the resume?

What are your thoughts?

Where the parties disagree on whether a confidentiality order in a case should permit Attorneys' Eyes Only designations, what should arbitrators do?

The rules of some ADR institutions authorize the tribunal to issue a default award as a sanction. Do you believe that is a good idea in some circumstances? Have you ever heard of such a sanction occurring in an arbitration proceeding?

What are your thoughts?