Alternative Dispute Resolution
Sep. 8, 2011
Why conflict of interest disclosures matter in arbitration
Failure to make proper disclosures is not a consequence-free proposition for an arbitrator. By Ryan C. McKim of Murray M. Sinclair & Associates and Arthur Mazirow of the American Arbitration Association
As a system of resolving disputes, arbitration is successful, in part, because of the neutrality of the arbitrator. A neutral arbitrator serves impartially. Actual as well as perceived neutrality is important. To this end, both the Code of Civil Procedure Section 1281.9(a) and the Ethics Standards for Neutral Arbitrators, found in the California Rules of Court, require that proposed neutral arbitrators disclose all matters that...
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