An advantage of commercial arbitration is that it is private. The dispute is resolved in a private proceeding. Unlike court, the public is not allowed in. Arbitrators must keep secrets Under the rules of most arbitral organizations and under ethics rules for arbitrators, the arbitrator must keep things confidential. E.g., AAA Comm’l Rule 25 (“The arbitrator and the AAA shall maintain the privacy of the hearings unless the law provides to the contrary.”); Code of Ethics for …
Archives for November 2021
“The Value of Peach Orchards” The Perils of Arbitrator Subject-Matter Expertise
The ability to select and appear before arbitrators with factual subject-matter expertise is often proclaimed as a great advantage of arbitration over litigation. However, expert/arbitrators can also present perils to natural justice and to arbitral award enforcement. (Published in ZDAR, July 2018) *The views expressed are those of the author and do not necessarily reflect the views of CCA or any other organization. …
CCA 2021 Annual Meeting – Session Recordings
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