9th U.S. Circuit Court of Appeals,
Alternative Dispute Resolution,
Civil Litigation
Oct. 28, 2019
Full (arbitrator) disclosure: 9th Circuit got it right
The panel held that before an arbitrator is officially engaged to perform an arbitration, to ensure that the parties’ acceptance of the arbitrator is informed, arbitrators must disclose their ownership interests, if any, in the arbitration organizations with whom they are affiliated in connection with the proposed arbitration, and those organizations’ nontrivial business dealings with the parties to the arbitration.
Michael H. Leb
Neutral
Leb Dispute Resolutions
Labor & Employment
Phone: (310) 284-8224
Fax: (310) 284-8229
Email: michael@lebdr.com
U Michigan Law School
THE NEUTRAL CORNER is a monthly column discussing recent cases or topics of interest from a neutral's perspective.
Whenever I write a column discussing arbitration procedural issues that may negatively affect my pocketbook, I begin my column with an explicit bias disclaimer like this: I make my living as an arbitrator and mediator so I ask the reader to consider my views on the issues discussed in this piece in that light. Put differently, it's hard to be neutral when money is involved. And, that just happens to be the point of the holding in
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