Originally from:
The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration - 2nd Edition - Hardcover
The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration - 2nd Edition - Electronic
CHAPTER 7
MOTIONS
Arbitrators’ goals with respect to motion practice are (1) to encourage
motions that are likely to expedite or facilitate the arbitration
proceedings, (2) to discourage motions that are not likely to be
productive, and (3) to provide a fair, efficient, cost-effective process
for party presentations and arbitrator decisions.
I. INTRODUCTION
Procedures for managing motions in arbitration should reflect the desire
to be cost-effective and expeditious without sacrificing a full, fair hearing.
Certain motions should be identified and scheduled early in the proceeding,
such as motions related to jurisdiction or arbitrability, see Chapter 4, supra, and
concerning provisional or injunctive relief. Early consideration may also be
appropriate for certain dispositive motions because it may be wasteful to
engage in discovery and a full evidentiary hearing if the arbitrators do not
have jurisdiction to hear a claim or if all or any portion of a claim is subject to
a valid defense, such as statute of limitations, release, or statute of frauds.
The following procedural options regarding motion practice are
available to arbitrators:
1. Taking steps to ensure early identification of motions at the
preliminary conference;
2. Ordering that no motions can be presented without first obtaining
permission from the arbitrators;
3. Hearing oral argument on the substance of a motion without any
written submissions;
4. Compelling counsel to confer about whether the motion is really
necessary and/or to develop a proposed schedule for written
submissions;
5. Requiring either simultaneous or responsive written submissions;
6. Limiting the length of briefs and time for oral argument (if any); and
