What are the ethical standards of an arbitrator?

What are the obligations of an arbitrator?

While the different sources prescribe different duties, it is commonly accepted that the most basic duty of arbitrators is to resolve the parties' dispute. This requires maintaining due process, which includes ensuring impartiality and independence, jurisdiction and equality of arms.

What is the Code of Ethics and arbitration Manual?

Manual for use by Member Boards of the National Association to ensure due process in the conduct of hearings to enforce the Code of Ethics and in the arbitration of business disputes arising out of the real estate business.

What are the primary guidelines for arbitration?

(1) act fairly and impartially as between the parties; (2) give each party a reasonable opportunity of putting its case; (3) give each party a reasonable opportunity of dealing with the case of its opponent; (4) provide a fair means for the resolution of the matters falling to be determined. Page 2 2.2 While, under the ...

Can an arbitrator be biased?

Share: Yes, your arbitrator, your mediator, your judge, your jury is biased. Litigators seek an unbiased panel when what they should really do is to understand that no panel, or jury, or judge will ever be without bias. Everyone has biases, including you—explicit and implicit.

What are the three pillars of arbitration?

Section 1 of the Act sets forth the three main principles of arbitration law viz. (i) speedy, inexpensive and fair trial by an impartial tribunal; (ii) party autonomy; and (iii) minimum court intervention.

What is the code of arbitration?

The Codes of Arbitration Procedure provide rules that govern arbitration in FINRA's dispute resolution forum. Customer Code - The Code of Arbitration Procedure (Customer Code) governs arbitrations between investors and brokers and/or brokerage firms.

What are the 7 major principles of the AAA 2012 Statement of Ethics?

The seven Principles of Professional Responsibility in the AAA Statement on Ethics are: 1) Do No Harm; 2) Be Open and Honest Regarding Your Work; 3) Obtain Informed Consent and Necessary Permissions; 4) Weigh Competing Ethical Obligations Due Collaborators and Affected Parties; 5) Make Your Results Accessible; 6) ...

What can an arbitrator not do?

Arbitrators do not have authority to rule on licensee disciplinary issues or other civil remedies. The arbitrator's award is final and binding; both parties must abide by its terms. If either party does not comply, the other may petition the court to have the award confirmed and made a judgment of the court.

Can an arbitrator be held liable?

Therefore, arbitrators should not be liable for ordinary negligence but could not avoid liability in case of bad faith, i.e. when they act intentionally or are grossly negligent, for example, when arbitrator intentionally fails to disclose the conflict of interest and, therefore, the award is later annulled.

Can an arbitrator issue contempt?

Arbitrators cannot hold parties or witnesses in contempt or call upon a bailiff to take someone into custody or jail an obstreperous witness for misconduct. For any of these remedies, a court has to order them. Enforcement of Arbitration Awards.

Who goes first in arbitration?

In most cases, the party that started the arbitration initially by filing a claim will present their case first and the opposing party will then have an opportunity to present their defense, but the arbitrator will ultimately decide the order.

What are the 4 stages of arbitration?

There are five main stages to the arbitration process: (i) initial pleadings; (ii) panel selection; (iii) scheduling; (iv) discovery; (v) trial prep; and (vi) final hearing.

What are the criteria an arbitrator uses to make decisions?

The arbitrator gathers all the evidence from the claimant and the respondent. They consider the complaint based only on the written claim and supporting evidence. Sometimes you or the other party may be asked to send in further details.

What are the 5 fundamental code of ethics?

It is divided into three sections, and is underpinned by the five fundamental principles of Integrity, Objectivity, Professional competence and due care, Confidentiality, and Professional behaviour.

What are the nine code of ethics?

The 9 Nursing Code of Ethics (Provisions + Interpretive Statements) – Every Nurse Must Adhere To. Ethical behavior is characterized by fairness, honesty, and equity in professional, academic, and interpersonal relationships. It is demonstrated by a respect for diversity, dignity, and rights of individuals and people.

What is the enforceable code of ethics?

With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

What does an arbitrator have to disclose?

In accordance with the best international standards and practices, an arbitrator has a duty to disclose any fact or circumstance which, from the perspective of a reasonable third person, would give rise to justifiable doubts as to his or her impartiality or independence.

What are the characteristics of a good arbitrator?

Who oversees arbitrators?

While arbitration as a whole is governed by the Federal Arbitration Act, the requirements to become an arbitrator are determined exclusively by state law.

What voids an arbitration?

The issue or dispute is not covered by a valid arbitration agreement, such as when there is an issue the parties did not agree to arbitrate; The arbitration was tainted by fraud; and/or. Misconduct on the part of the arbitrator that affected their decision.