Arbitrator Challenges: When Personal Relationships or Professional Experience Lead to Disqualification
Recent decisions concerning requests to disqualify arbitrators have revived the debate on subjects like issue bias and double-hatting. Other decisions have raised new questions regarding the line between, on one hand, independence and impartiality and, on the other, the personal and professional relationships fostered by our relatively small arbitration community. Repeat appointments and engagements can give arbitrators the experience parties desire when choosing their tribunal, but when does this experience lead to a lack of independence and impartiality? How can the pool of potential arbitrators widen to include younger and more diverse candidates if one must choose a career as either counsel or as independent arbitrator? Should a business relationship ever result in disqualification? What types of personal relationships should be disclosed?
Please join us for an open and candid discussion of these and other relevant questions.