By: A. Kelly Turner, Esq., Senior Counsel, AAA-ICDR
Any doubt as to whether an arbitrator should make a disclosure should be resolved in favor of disclosure.
The arbitrator should not judge the significance of the potential conflict or contact but rather make the disclosure and let the parties determine its significance. As a guiding principle: if a relationship or interest crosses the arbitrator’s mind, the arbitrator should disclose it.
Arbitrators for a case administered by an arbitral organization are required to provide full, complete