The proactive arbitrator is usually depicted as the dream arbitrator at conferences and in publications. In practice, however, the dream arbitrator is sometimes met with a degree of skepticism or surprise, at least in some jurisdictions, when she or he seeks to become involved early in the proceedings, to shape the proceedings, point to the factual or legal issues that require more attention, or even suggest ways that the dispute could be settled amicably. Indeed, another fairly common criticism is that of the dictatorial or over-interventionist arbitrator. So, where do we or should we draw the line? When, why and how should the arbitrators initiative be used?
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