The Arbitration Proceedings
The typical arbitration hearing process consists of a series of steps.
Because the nature and complexity of the disputes to be arbitrated
differ substantially and because some disputes to be arbitrated are
more urgent than others, the hearing process may either be expedited or
allowed to run its usual course. The typical arbitration proceedings are
described below:
- Appointment of arbitrators, and the selection by the
of the chairman. Establishment of the first hearing date is fixed
by the chairperson, and exchange of documents and pre-hearing
briefs in advance of the first session, in order that all parties
may understand the general nature of the claims set forth and
the defenses to those claims. During the first hearing, a great
amount of time is devoted to the arbitrators' disclosures. The
law requires that the arbitrators disclose all personal and business
relationships they may have with the parties, counsel representing
them, and to the other members of the panel.
- Exchange of a jointly signed submission agreement is furnished to the
panel at the first session so that it may understand the nature and quality
of the dispute before it. Although a formal submission agreement is not
required, there should be some understanding or agreement noted in the
transcript that indicates that the parties have agreed on the parameters of
the dispute to be handled by the panel.
- Hearings are scheduled to permit the presentation of documentary evidence
and witness testimony. The rules for admitting evidence are relaxed, and the
number of hearings, depending on the complexity of the case vary from two
sessions to 22 or sometimes more sessions.
- At the conclusion of the evidentiary hearings, counsel are permitted to
file post-hearing, main, and reply briefs, which are submitted to the panel
and opposing council. The purpose of the briefs is to sum up the evidentiary
material presented during the proceedings and to emphasize the positive aspects
of the case. Following the presentation of the final briefs, the panel is free
to deliberate the case and render its decision on the basis of all the material
before it.
- After receiving the evidence and post-hearing briefs, the panel members
are obligated to study the evidence and to schedule a deliberation session
as shortly thereafter as possible. During the deliberation session the views
of the arbitrators are exchanged; the evidence is analyzed and measured; and
a final decision is made.
- Once an award is rendered, the panel's powers are expanded and the panel
is functus officio. Accordingly the panel cannot alter the award, regardless
of the changes required. Only a court can order corrections of errors that may
be apparent on the face of the award.