htm ("All arbitrators
conducting an arbitration under these Rules shall be and remain at all times impartial and independent of the parties; and none shall act in the arbitration as advocates for any party.
The PEC is also recommending, he said, that arbitration participants and arbitrators
be surveyed between now and the end of the year so the board at its January 2010 meeting can receive a report on how the changes are working.
are the judges and jury in arbitration.
Although party-appointed arbitrators
are advocates, they can appear as phantoms during the arbitration process.
The process is anything the parties and the arbitrator
want it to be, with the CPA taking the leadership role.
The information is available on a new section of FINRA's website: Our Commitment to Achieving Arbitrator
and Mediator Diversity at FINRA.
It is true that in the past there have been parties who, having lost in arbitration, have taken the aggressive step of filing criminal proceedings against arbitrators
in the UAE under various pretexts.
This standard is further articulated in the ARAIS-US, Code of Conduct--Canon IV, Disclosure: "Candidates for appointment as arbitrators
should disclose any interest or relationship likely to affect their judgment.
When Brady--through the NFL Players Association--appealed the four-game suspension as part of the NFL's arbitration process, Commissioner Roger Goodell unilaterally appointed himself as arbitrator
to hear Brady's appeal based on the Collective Bargaining Agreement's provision that "the Commissioner may serve as hearing officer in any appeal .
As international arbitration becomes more widespread and accepted as not just an alternative dispute resolution but a more appropriate method, there has been a significant growth in the pool of arbitrators
and a corresponding broadening of the cultural and legal traditions among them and the parties.
If the Hawaii law mandates that an appraiser, serving only as an arbitrator
where valuations are provided to the arbitrators
by other appraisers, must comply with USPAP in the exercise of that function, then there is, in my view, a problem with the law.
A neutral arbitrator
or a panel of arbitrators
will decide instead of a judge or jury in arbitration.