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The “proactive” arbitrator is usually depicted as the “dream arbitrator” at conferences and in publications.
In practice, however, the “dream arbitrator” is sometimes met with a degree of scepticism or surprise, at least in some jurisdictions, when she or he seeks to become involved early in the proceedings, to shape the proceedings, point to the factual or legal issues that require more attention, or even suggest ways that the dispute could be settled amicably. Indeed, another fairly common criticism is that of the “dictatorial” or “over-interventionist” arbitrator.
So, where do we or should we draw the line? When, why and how should the arbitrators’ initiative be used?
This was the topic of the ASA Annual Conference held in Geneva in February 2015 to which a number of leading arbitration practitioners from Switzerland and abroad participated. Their written contributions are contained in this volume of the ASA Special Series.
