ABSTRACT
Arbitration has not yet advanced to the stage where hearings are conducted and awards are made by robot, so the human element in the make-up of the tribunal is immensely important. Most arbitrators have their own style and idiosyncrasies built upon their experience and depending on whether or not they are common lawyers or steeped in the civil law. Thus, every hearing is conducted slightly differently, but there are some common themes which can be deduced. Procedures may need to be adjusted, depending on whether there is going to be a preliminary hearing, for example on jurisdiction, or a split hearing between liability and quantum, or a hearing in which all issues are resolved together. The following matters are relevant to most full hearings and some are relevant in varying degrees to split or preliminary hearings and are discussed in this chapter:
miscellaneous matters;
written submissions;
opening statements;
oral evidence;
experts;
applicable law;
final submissions; and
privacy and confidentiality.
