So just how impartial is National Arbitration Forum?

Elizabeth Warren at Credit Slips posted one lawyer’s account of an arbitration with NAF. It is worth reading in its entirety, so here it is:

Had a very interesting experience today. Responded to an arbitration claim by FIA Card Services f/k/a MBNA denying client agreed to arbitration and disputing amount owing. Requested an in-person hearing and client paid $250 fee for the hearing. Originally the hearing was scheduled at a location more than 3 hours away from my office. I objected and it was rescheduled about an hour away. The arbitration was Harold Curry. I showed up at 12 noon. At 12:45 no one from FIA appeared or called. The arbitrator called NAF to find out what he should do and left a message that was not answered. Mr. Curry and I went into an office and talked a while. I pointed out to him that the claim was based on breach of contract, but no contract was ever produced, so he could not possibly determine the parties’ obligations or damages. He asked me what my client owed MBNA. I told him I did not know and that it was not my job to help MBNA establish damages. If they were so concerned, they could have shown up for the arbitration hearing. He admitted that they never show up and he has never had an attorney show up before. Just before I left, he suggested that we might reschedule. I told him I would not agree to rescheduling and that I believed he had no choice but to find an award in favor of my client. This made him extremely uncomfortable and he indicated he would need to talk to someone at NAF first. I reminded him that he was supposed to be impartial and he told me he would give me his decision in a few days.

I need to review NAF rules because I believe the claimant (FIA) was supposed to provide all documents well before the hearing. Mr. Curry told me that he usually does not get a contract, but the claimant provides an explanation. That tells me that all these arbitration awards are BS (I already strongly suspected that). I need to brush up on arbitration rules and procedure.

. . .

I just want to clarify that the arbitration notice states that FIA will appear by telephone. Mr. Curry told me that they never appear in person and often don’t call.

So just how impartial are NAF’s arbitrators if they don’t they have the authority to dismiss a claim where the claimant doesn’t bother to show up or present proof of the claim?