Section 15(b) is intended to allow arbitrators to decide a request for summary disposition but only after a party requesting summary disposition gives appropriate notice and opposing parties have a reasonable opportunity to respond. The language in Section 15(b) is based upon Rule 16 of JAMS Comprehensive Arbitration Rules and Procedures. In the arbitration context, the terms "request for summary disposition" are preferable to "motions for summary judgment" or "motions to strike or dismiss for failure to state a claim." The latter terms, which are used in civil litigation, usually refer to situations where there are no genuine issues of material fact in dispute and a case can be determined as a matter of law. In most arbitrations, the arbitrators are not required to make rulings only as a "matter of law." As discussed in the Comment to Section 23 on vacatur, numerous courts have held that arbitrators are not bound by rules of law and their awards generally cannot be overturned for errors of law. Because of this, the terms "summary judgment" or "failure to state a claim" are misleading and the language "summary disposition" used in the JAMS rules is more applicable.

4. Section 15(c) allows an arbitrator to "hear and decide the controversy upon the evidence produced." The general rule in arbitration is that the rules of evidence need not be observed. III Macneil Treatise § 35.1.2.1; Cal. Civ. Proc. Code § 1282.2(d); AAA Commercial Arb. R-33; Center for Public Resources, Rules for Non-Administered Arb. of Business Disp. R. 11. It should be noted that an arbitrator's refusal "to consider evidence material to the controversy" is one of the grounds for which a court may vacate an arbitration award under Section 23(a)(3). However, courts have determined that arbitrators have broad discretion as to what evidence they will consider. Cold Mountain Builders v. Lewis, 746 A.2d 921 (Me. 2000).