Commentators have offered vastly different approaches to the issue of whether arbitrators can and should perform independent legal research apart from the briefs submitted to them by the parties. With the growth of arbitration, it is prudent to reexamine those approaches to the extent they have limited arbitrators’ ability to conduct fulsome legal analysis. In this webcast, we will review different approaches to independent legal research, the applicable ethical rules, and how courts have approached these issues. We propose an approach that balances accuracy and efficiency with the quality of arbitration rulings and awards.

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