LLA 1380 Limiting evidence in an arbitration

One indicator of the relative competence of an arbitrator is their ability to limit the issues in dispute in a hearing or arbitration. This competence applies to arbitrators primarily; however, representatives may equally seek to apply what is discussed here by making a suggestion[1] that the issues in dispute be narrowed or arranging for a pre-trial conference to take place.

The aim of this course is to explain the three processes –narrowing of the issues, pre-trial conference, statements of case– in the light of, or from the perspective of, the law of evidence.[2]

While the discussion is in the context of an arbitration, it is suggested that each could be equally applied in the context of a formal hearing, provided the representatives are experienced and professional.

[1] It is not an application as in a formal application for legal representation. The most a representative can do is make the suggestion to the chair or arbitrator and the other side.

[2] The point is that while each process is a ‘step’ or ‘stage’ in the arbitration process –and in a more formal disciplinary hearing process- they are not simply steps; practitioners need to understand the impact each step has on the evidence presented.