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Compendium of Professional Responsibility Rules and Standards, 2022 Edition
The absence of a coherent set of principles governing arbitrator disclosure of social media activity jeopardizes the durability of awards and threatens to undermine the integrity of the arbitrator selection process. The program will feature proposed guidelines that should prompt a provocative and important discussion among neutrals and practitioners.
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Closed Captioned.
The absence of clear, consistent standards governing social media disclosures is problematic for both arbitrators and the parties who select and appear before them. This problem will only get worse as arbitrators make increasing use of social media and challenges to arbitration awards based on inadequate social media disclosure work their way through the courts. Arbitrators who fail to make adequate disclosures about their social media activity expose themselves to ethical and reputational risk and their awards to vacatur. Arbitrators who fully disclose their social media connections""in an era when many of their peers do not""are likely to be unfairly punished for their transparency in the marketplace for arbitration services. And in today's uncertain environment, the parties to an arbitration do not know how to interpret an arbitral disclosure that does not contain any reference to social media activity. A level playing field is needed so that arbitration parties can realize one of the primary benefits of arbitration""the ability to meaningfully participate in the selection of an impartial arbiter. This panel will discuss the first comprehensive set of proposed guidelines regarding the disclosure of an arbitrator's social media connections, which were published earlier this year in the Cardozo Journal of Conflict Resolution.
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4/28/2022 12:00:00 AM
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