Arbitration integrity is based upon an assumption that arbitrators will not accept appointments unless they are impartial in fact or disclose any information that might raise a question as to their impartiality. But what must be disclosed to assure that the parties are appropriately and sufficiently apprised of the prospective arbitrator’s relationship to the parties or matter to be arbitrated?
Abraham J. Gafni
A recent case from the U.S. Court of Appeals for the Ninth Circuit, and provisions now included in the Pennsylvania version of the Revised Uniform Arbitration Act (RUAA), reflect that both arbitrators and parties should give careful attention to the issue of “evident partiality” in the arbitrator-selection process.
