Ethical Reasons Not to Accept Appointment as an Arbitrator
There are ethical reasons not to accept appointment as an Arbitrator It is important to know when to say no. If an arbitrator has any doubt about whether they can be fair or impartial, the arbitrator should decline the appointment. For example, an arbitrator should refuse an appointment if the arbitrator has firmly held beliefs about the issue in dispute or about a named party to the dispute.
A major goal of arbitration is the prompt resolution of disputes. Thus, in accordance with Canon I (b)(4) of the Code of Ethics, an arbitrator should accept appointment only if fully satisfied: “that [they] can be available to commence the arbitration in accordance with the requirements of the proceeding and thereafter to devote the time and attention to its completion that the parties are reasonably entitled to expect.”
About the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator. He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment. He is also a Mediator and Arbitrator for FINRA.
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