Judges in the United States, for example, often have a great deal of discretion to engage in case management; and typically these decisions are only reversed upon a showing of an abuse of discretion.
Arbitrators are held to a similar evaluation; should they fail to abide by the parties’ agreement in conducting the proceedings or exceed their discretion, the award can be set aside or denied enforcement.
While there are critical distinctions between arbitrators and judges,58 the differences are not so broad as to prevent arbitrators from evaluating the merits in a neutral manner and managing the process impartially.