When participating in an arbitration proceeding, it is important to understand your rights and responsibilities. An arbitrator must defend the dignity and integrity of the office of the arbitration process, and they have a responsibility to the parties, other participants in the proceedings, and to the profession. The arbitrator must be competent to arbitrate the particular matter, and should accept an appointment only if it meets the requirements established by the Parties in the arbitration agreement with respect to professional qualifications. Before the arbitration, they must review any statement or document submitted by the Parties.
If they become physically or mentally incapable of meeting the reasonable expectations of the Parties, they must refuse service or withdraw from arbitration. It is also important for them to inform all parties about the role of the arbitrator and the rules of the arbitration process. It is important to protect your legal rights when participating in an arbitration program. The provisions of this Code refer to voluntary arbitration of labor and business disputes and certain other arbitration and related procedures that have been developed or have become more common since it was first approved. When an arbitrator understands that a court decision is expected at the end of the hearing, they must comply with this understanding unless both parties agree otherwise.
If a customer decides to initiate arbitration on their own initiative, they may directly contact the arbitration body that has jurisdiction over the fee dispute. The effective evaluation by an administrative agency or by an arbitrator of the need for special qualifications requires that both parties disclose the special nature of the case before appointing the arbitrator. The arbitrator must make every reasonable effort to prevent any delaying tactics, harassment of parties or other participants, or other abuses or interruptions in the arbitration process. When their fees for services are determined primarily by a stipulated travel fee, they must establish in advance the basis for this fee and for determining reimburseable expenses. Arbitral bodies are strongly recommended to offer mediation services as part of a mediation program approved by their Board of Governors.
They must not allow any social or professional relationship with a Party, insurer, or lawyer of a Party in an arbitration to affect their decision-making. The arbitrator must maintain adequate records to support charges for services and expenses and must be accountable to the parties or administrative agency involved if requested. They must treat all important aspects of an arbitration proceeding as confidential unless both parties waive this requirement or law requires or allows disclosure. If a lawyer does not respond to a request for arbitration or does not participate in it without good cause, then the arbitration will take place as scheduled and a decision will be made based on evidence presented. When an arbitrator decides that a case requires specialized knowledge beyond their competence, they must decline the appointment, retire, or request technical assistance. It is important to understand your rights and responsibilities when participating in an arbitration proceeding so that you can protect your legal rights.
