Non-neutrals under Canon X are also not obliged to follow parts (C) and (D) of Canon I, (123) which address relationships between an arbitrator
and the parties, and conduct of the arbitrator
which may affect impartiality or the appearance of impartiality:
In any event, the IBA Guidelines provide for a duty of the arbitrator
to "make reasonable inquiries to investigate any potential conflict of interest.
The latter could be helpful in areas of the state with a large number of cases but few available arbitrators
The results revealed a system that strongly favors the corporations that hire the arbitrators
Any person appointed as a neutral arbitrator
shall disclose to AAA any circumstance likely to affect impartiality.
The parties may select an arbitrator
from Appeals or an outside organization that provides a roster of neutral individuals.
As an initial step, the arbitrator
may have to rule on the issues ultimately to be addressed in his or her decision.
Case law from the 11th Circuit makes it apparent that arbitration awards rarely produce a set of facts sufficient to establish that the arbitrator
acted in manifest disregard of the law.
In essence, we seek to test the basis of FOA as a viable dispute resolution mechanism--that bargainers can file and exchange offers in an arbitration period and assess, either perfectly or imperfectly, the probability of winning the case before any hearings begin in that period and prior to any knowledge as to which arbitrator
will hear the case.
also said hospital officials did not show persuasive evidence backing up their charges against Abraham, including that he failed to follow the bidding process in selecting the firm to manage the district's retirement funds, made misrepresentations concerning the company chosen to administer the retirement plan, destroyed computer files, and failed to obtain board approval for expenditures.
In these circumstances, it is the confident party, indeed, who questions an arbitrator
about his or her bill or requirements.
The arbitration took place in June 2015 and on October 16, 2015, the arbitrator
issued an award in favor of the former employee with respect to certain alleged breaches of contract and implied covenants by the Company.