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Law Practice,
Alternative Dispute Resolution

Jul. 30, 2021

Arbitrator disclosure rules meet legal creativity

It not surprising that, for better or worse, the creative juices of lawyers considering arbitrator bias claims continue to flow.

Fred Bennett

Email: fredgbennettADR@outlook.com

1946-2022. Experienced international and domestic arbitrator and mediator, fellow with the College of Commercial Arbitrators, member of the National Academy of Distinguished Neutrals and the ICC Commission, former head of arbitration at Quinn Emanuel and Gibson Dunn.

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It is not your day -- you've just lost a trial, which is rare for you (and of course, an underserved travesty). But before locking your office to kick the wall, or taking an aimless drive on the freeway to some unmarked spot in the desert, you realize that an unwelcome challenge remains -- explaining the result to your client. Inevitably, that conversation will turn to an appeal, and the temptation will be huge to provide comfort by explaining how some wrong could be ...

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