Outside CounselPaul Bennett Marrow, New York Law Journal
Unauthorized Legal Research by an Arbitrator
Paul Bennett Marrow writes: Parties have the freedom to structure an arbitration contract to meet their needs. But sometimes parties aren't as clear as one would like. Does the arbitration process allow the arbitrator to independently attempt to do for the parties what they have failed to do without first asking the parties for permission? And assuming permission is sought, if one or more parties objects, can the arbitrator still conduct research?