ADR

Perhaps no arbitration issue has been litigated as frequently in recent years as the scope of an arbitrator's authority. Most often, this has involved "arbitrability," i.e., whether arbitrators may decide if they have the authority to decide the conflict as a whole, or any particular issue that has been brought before them. These issues may include rulings on prehearing dispositive motions, equitable relief, attorney fees and costs, punitive damages and the like.

Indeed, last month in this column (as authored by Charles Forer), attorney Bob, submitted a motion for summary judgment to his arbitrator. Unfortunately, in that hypothetical situation, because neither an arbitration agreement nor the incorporated rules of a dispute resolution provider included provisions relating to summary judgment motions, Bob was barred from seeking such relief. (See Forer, "Seeking Summary Judgment in an Arbitration Proceeding," The Legal Intelligencer, July 27, 2020).