The role of party-appointed arbitrators in three-arbitrator proceeding
s has long been the subject of controversy. Specifically, to what exte
nt-if any-is it permissible for the party-appointed arbitrator to enga
ge in communications with the appointing parties' representatives and
does such behavior compromise the obligation of the arbitrator to act
with fairness? These and related issues were addressed in the recent S
unkist case-which is examined here.