Mar

    When it Comes to Arbitrator Disclosure, Ignorance is Not Bliss

    1 PM EDT

    The Code of Ethics for Arbitrators in Commercial Disputes, effective March 1, 2004, (the Code) provides in Canon II(B) that: “[p]ersons who are requested to accept appointment as arbitrators should make a reasonable effort to inform themselves of any interests or relationships described in [the Code].” Some Circuit courts have also found this concept to exist within the Federal Arbitration Act Section 10(a)(2), the standard of evident partiality. However, court decisions make clear that whatever the Code means by “making a reasonable effort” to inform oneself under the Code, that is a greater burden than what is required pursuant to FAA 10(a)(2). This member benefit webinar will explore the two separate levels of inquiry: whether a court might vacate an award pursuant to FAA 10(a)(2), and whether an arbitrator fulfilled his or her ethical obligation pursuant to the Code.

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    This member benefit webinar is free for Section of Dispute Resolution members! If the registration page gives you trouble, please email melissa.buckley@americanbar.org to be registered.

    Registration Deadline: March 27 at 10am ET

    This program is not for CLE credit.

    Collaborating Organization: American Arbitration Association

    Event Details

    Format

    CDS Registration

    Date

    Mar 27, 2019

    2019-03-27T13:00:00-04:00 2019-03-27T13:45:00-04:00 When it Comes to Arbitrator Disclosure, Ignorance is Not Bliss

    The Code of Ethics for Arbitrators in Commercial Disputes, effective March 1, 2004, (the Code) provides in Canon II(B) that: “[p]ersons who are requested to accept appointment as arbitrators should make a reasonable effort to inform themselves of any interests or relationships described in [the Code].” Some Circuit courts have also found this concept to exist within the Federal Arbitration Act Section 10(a)(2), the standard of evident partiality. However, court decisions make clear that whatever the Code means by “making a reasonable effort” to inform oneself under the Code, that is a greater burden than what is required pursuant to FAA 10(a)(2). This member benefit webinar will explore the two separate levels of inquiry: whether a court might vacate an award pursuant to FAA 10(a)(2), and whether an arbitrator fulfilled his or her ethical obligation pursuant to the Code.

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