Justice Seen: Arbitrator Transparency & Disclosure Ethics (What Neutrals Need to Know About Conflicts, Obligations, and Gray Areas Presented by the Federal Bar Association Alternative Dispute Resolution Section)

This session explores why disclosure obligations matter for arbitrators, parties, and the arbitration process itself. Panelists examine how full transparency produces defensible awards, maintains public confidence in arbitration, and serves as valuable self-reflection for neutrals.

This session surveys the key sources of disclosure obligations including laws, institutional rules, ethical standards, and professional guidelines. Participants will learn how frameworks like the Revised Uniform Arbitration Act and California’s heightened requirements shape arbitrator conduct.

Panelists address practical dilemmas including social versus professional connections, repeat appointments, and temporal considerations in disclosure decisions. The session emphasizes that disclosure is an ongoing obligation throughout the case and explores the principle that when in doubt, arbitrators should disclose.

This session provides practical guidance on building effective conflict tracking systems and framing disclosures to inform rather than inflame. Key case law including Commonwealth Coatings and Monster Energy illustrates how courts evaluate disclosure failures and evident partiality claims.

Participants engage with realistic disclosure scenarios and explore whether national uniform standards should replace regional variations. The session concludes with core takeaways emphasizing that disclosure does not equal disqualification and transparency protects arbitration integrity.