Originally from Dispute Resolution Journal

Internet connectivity, social and professional media Web sites, and group e-mail management systems allow arbitrators to communicate online, participate in activities, and develop social and professional relationships online. How do arbitrator disclosure obligations apply to these online activities, communications, and relationships? There is no case law that specifically answers this question. Arbitrators must resort to arbitrator ethics codes, arbitration rules, and case law on arbitrator disclosure, as well as state ethics opinions on online activity of judges, which could be applied to arbitrators. This article examines these sources of guidanceon this developing issue.

Trust in a fair arbitration process requires the engagement of impartial and independent arbitrators who can determine the issues submitted to arbitration free of bias. Federal and state disclosure standards, as well as rules prescribed by arbitration providers and codes of ethics for arbitrators, place an affirmative duty on arbitrators to disclose any connection or relationship they may have to the dispute and its participants, and any advantage they may gain by resolving it. In certain circumstances, nondisclosure of actual or potential conflicts of interest can have serious consequences - the filing of a petition to vacate the award.