Ethics in Commercial Mediation and Arbitration (Update)

Attorneys who handle commercial disputes often engage in commercial arbitration or mediation, including in unfamiliar jurisdictions. Lawyers must be particularly mindful of ethics rules that may apply when representing clients in these settings.

This program will analyze the ethical frameworks counsel should know when representing clients in commercial arbitrations and mediations. Our panel of Skadden attorneys will cover a range of topics, including the additional rules of conduct that arbitral tribunals and courts impose on counsel and arbitrators, as well as the comparative powers of these institutions to uphold standards, sanction misconduct and disqualify arbitrators. Additionally, our speakers will review recent ethical issues arising in commercial and international arbitration, including with respect to cybersecurity, the use of Zoom or other virtual platforms for hearings, and claims funding.

Learning Objectives:

1. Explain the interplay between lawyers' ethical obligations and the American Bar Association Model Rules of Professional Conduct, as well as the rules governing the conduct of arbitrations as promulgated by major institutions

2. Identify ethical rules and pitfalls at play for lawyers involved in mediation and negotiation

3. Review the impact of ethical rules on current arbitral situations, such as hearings conducted by Zoom and/or video link

4. Explain rules governing disqualification of counsel involved in arbitration, as well as arbitrators