What will the arbitrator ask about the case?

The actual arbitration will run like a bench trial would. Evidence and witnesses will be presented and arguments will be made. One essential difference is that there are no objections, which allows all evidence to be presented. During the arbitration proceeding, the arbitrator may ask any necessary questions relating to the case. They might inquire about certain actions the parties took, their intent in making their choices, as well as inquiring about current law. Remember that the whole point of an arbitration is to sort out the matter in a manner similar to that of an actual trial.

Once the arbitration is complete, the arbitrator will write up an opinion and send it to both of the parties. The opinion is completely private and will not be filed publicly. If the parties agree to the decision, it is similar to settling a case. No details for the arbitration will ever be made public. In fact, unless the arbitration was ordered by the court, the public will never know that the parties were disputing in the first place.

Case Studies: Questions Asked by Arbitrators

Case Study 1: Conflicts of Interest and Party Disclosure

Emily is involved in an arbitration case and wants to understand what questions the arbitrator may ask about the nature of the case, the parties, and potential conflicts of interest. The arbitrator will likely ask about the details of the case, including the parties involved and any prospective witnesses. This is done to determine if the arbitrator has any potential conflicts of interest that could compromise their impartiality. Full disclosure of any potential conflicts is essential to maintain the parties’ confidence.

If either party declines to use an arbitrator after the disclosures, a new arbitrator must be mutually agreed upon. Emily learns that the arbitrator will inquire about the case, parties, and witnesses to ensure a fair and unbiased process. The disclosure of any conflicts of interest is crucial, and parties have the right to choose a different arbitrator if they have concerns. Maintaining the integrity and fairness of the arbitration process is a priority.

Case Study 2: Questioning and Decision-Making in Arbitration

Michael is going through an arbitration proceeding and wants to understand how the arbitrator will conduct the hearing and what types of questions may be asked. During the arbitration hearing, evidence and witnesses will be presented, and arguments will be made, similar to a bench trial. Unlike in a courtroom, objections are not raised, allowing all evidence to be presented. The arbitrator may ask relevant questions throughout the proceeding, such as clarifying actions taken by the parties, their intent, and their understanding of current law.

The goal of arbitration is to resolve the matter in a manner similar to a trial, with the arbitrator making a decision based on the presented evidence. Michael discovers that the arbitrator will actively participate in the proceedings by asking necessary questions related to the case. This helps ensure a thorough understanding of the facts and legal issues involved. The arbitrator’s role is to make an informed decision based on the evidence presented during the arbitration.

Case Study 3: Expert Testimony and Technical Questions

James is involved in a complex commercial arbitration case that requires expert testimony and technical knowledge. The arbitrator will likely ask about the need for expert witnesses, their qualifications, and the topics they will testify about. In cases involving specialized fields, the arbitrator may ask technical questions to understand the intricacies of the dispute fully.

James learns that expert witnesses play a crucial role in providing the arbitrator with valuable insights, especially in complex cases. The arbitrator’s questions will help ensure that the expert testimony is relevant and reliable. Additionally, the arbitrator’s technical inquiries demonstrate a commitment to understanding the case thoroughly and making an informed decision based on all available evidence.