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March 25, 2022

Arbitrator Disclosure: Ignorance Is Not Bliss

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You must be a member of the Section of Dispute Resolution to view this webinar. 

Presented by Tracey Frisch

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 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.