Resources for Neutrals
- Arbitrator's Manual
- The Changing Role of Arbitration in Securities Controversies
- The Challenge for a Self-Regulatory Organization Arbitrator
- Duty to Disclose Conflicts
- The Appearance of Bias
- Ethical Responsibilities
- Challenges to an Arbitrator
- The Party Who is Not Represented by Counsel
- Representation by Counsel
- Prehearing Motions
- Prehearing Conference
- Arbitrators' Power to Issue Orders
- Before the Hearing
- At the Hearing
- Function of the Arbitration Staff
- Executive Sessions
- Hints for the Chair
- Admissibility of Evidence
- Attendance of Witnesses at the Hearing
- Deliberations
The Appearance of Bias
- Arbitrator's Manual
- The Changing Role of Arbitration in Securities Controversies
- The Challenge for a Self-Regulatory Organization Arbitrator
- Duty to Disclose Conflicts
- The Appearance of Bias
- Ethical Responsibilities
- Challenges to an Arbitrator
- The Party Who is Not Represented by Counsel
- Representation by Counsel
- Prehearing Motions
- Prehearing Conference
- Arbitrators' Power to Issue Orders
- Before the Hearing
- At the Hearing
- Function of the Arbitration Staff
- Executive Sessions
- Hints for the Chair
- Admissibility of Evidence
- Attendance of Witnesses at the Hearing
- Deliberations
Aside from an actual conflict of interest, even an appearance of conflict might render a decision suspect. It cannot be emphasized enough that arbitrators must be free in fact and in appearance from all bias and prejudice.1 The United States Supreme Court, in setting aside an arbitration award, stated:
"This rule of arbitration rests on the premise that any tribunal permitted by law to try cases and controversies not only must be unbiased but also must avoid even the appearance of bias."2
Clearly, it is in the best interests of the individual arbitrator and of the entire arbitration process that arbitrators "bend over backwards" to avoid any appearance of bias.
- Arbitrator's Manual
- The Changing Role of Arbitration in Securities Controversies
- The Challenge for a Self-Regulatory Organization Arbitrator
- Duty to Disclose Conflicts
- The Appearance of Bias
- Ethical Responsibilities
- Challenges to an Arbitrator
- The Party Who is Not Represented by Counsel
- Representation by Counsel
- Prehearing Motions
- Prehearing Conference
- Arbitrators' Power to Issue Orders
- Before the Hearing
- At the Hearing
- Function of the Arbitration Staff
- Executive Sessions
- Hints for the Chair
- Admissibility of Evidence
- Attendance of Witnesses at the Hearing
- Deliberations
