Ethics in Arbitration 2012

Why you should attend

There has been a proliferation of ethical guidelines and Codes which seek to simplify the issue of what and how much an arbitrator needs to disclose before (or during) an arbitration. Despite all these efforts, the U.S. Supreme Court continues to apply the “evident partiality” standard of the Federal Arbitration Act that was espoused over forty years ago in the Commonwealth Coatings case. The result is a non-uniform body of case law from the different circuit courts that has resulted in uncertainty and even in the extreme result of the vacation of an arbitral award for non-disclosure by an arbitrator. This practical program, taught by experienced practitioners, will seek to clarify the relevant issues and provide strategies for dealing with them effectively.

What you will learn

• Review of recent case law interpreting the “evident partiality” standard of the Federal Arbitration Act
• Practical examples of ethical issues for arbitrators
• Institutional Codes of Ethics (i.e., IBA, ABA, Chartered Institute, etc.), and are they useful?
• Jurisdictional variations on ethical disclosure - both domestic and international
• Conflicts of Interest - what every arbitrator needs to know
• Successfully challenging a potentially biased arbitrator
• Recent decisions on arbitrator ethics - their viability and applicability

Who should attend