Originally from Dispute Resolution Journal

The role of law in arbitration is a matter of controversy. Some scholars and arbitrators argue that the law must be applied in the decision-making process where the statute is clear and the arbitrator is expert enough to properly apply it. This position, however, has not gained universal acceptance in the profession. On the other hand, the role of common law in arbitration has been embraced by elements of the arbitration profession and, at times, the parties as well. Common law, established in general legal matters, can fill gaps and guide arbitrators faced with legal, procedural or probative problems.