Arbitration Ethics: Essential Norms and Impactful Surprises

In this course, experienced arbitrators and counsel – Dan Kolb (Davis Polk) and Edna Sussman (www.sussmanadr.com) – lay out a broad picture of ethical guidelines for arbitration from a range of forums and jurisdictions, and consider unexpected ethical issues and pitfalls that can befall arbitrators and impact parties and counsel.

Join these experts as they review core ethical norms expressed in the ABA/AAA Code of Ethics for Arbitrators and the International Bar Association Guidelines for Conflicts of Interest in International Arbitration and consider disclosure requirements in varying jurisdictions, discussing the risk that insufficient disclosures lead to vacated awards. They also discuss limitations on arbitrators’ taking on other engagements or serving in multiple capacities, and see how differences in ethical obligations of counsel across jurisdiction may create situations in which one party can be significantly advantaged over another based on what counsel may or may not do. 

Learning Objectives:

I.     Understand the ABA/AAA Code of Ethics for Arbitrators and the International Bar Association’s Guidelines for Conflicts of Interest for arbitrators 

II.    Identify what to expect of a party appointed arbitrator

III.   Recognize disclosures you can expect an arbitrator to make 

IV.   Discuss whether you can hire your arbitrator for another matter or whether you may ask your arbitrator to serve as your mediator

V.    Grasp who is obligated to maintain confidentiality 

VI.   Develop an understanding of the differences in the ethical obligations of counsel across jurisdictions 

VII.  Ensure the leveling of the playing field in an international arbitration 

VIII. Appreciate if and when it is appropriate to challenge the arbitrator 

This course originally appeared as a part of our June 2016 Bridge the Gap Event.