Ethical Issues in Arbitration

Steven Skulnik
Steven Skulnik
Independent Arbitrator

Steven Skulnik is an international commercial arbitrator. He is on the roster of arbitrators for the AAA/ICDR, CPR, SIAC, and other major providers.

David Singer
David Singer
SingerADR Neutral Services

David C. Singer has served for over 30 years as an independent arbitrator of complex commercial, employment and international disputes, including as chair and wing of three arbitrator panels, sole arbitrator, and emergency arbitrator.

On-Demand: September 27, 2023
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Program Summary

This program will cover ethical issues that arise when participating in an arbitration proceeding. Such issues include conflicts and disclosure, confidentiality and privacy, impartiality, honesty, and due process. These and more ethical issues will be considered from the different perspectives of arbitrators, counsel for the parties and arbitration service providers. Two experienced arbitrators — Steven Skulnik and David Singer — will discuss the ethical obligations that one must be aware of in the arbitration context. They also will address the ways to deal with ethical challenges when they arise and how to respond when ethical obligations are violated by others.

Key topics to be discussed:

  • Conflicts and disclosure
  • Confidentiality and privacy
  • Impartiality
  • Honesty
  • Due process
  • Ethical issues from the perspectives of arbitrators, counsel for the parties, and arbitration service providers

Date / Time: September 27, 2023

Closed-captioning available

Speakers

Steven Skulnik_myLawCLESteven Skulnik | Independent Arbitrator

Steven Skulnik is an international commercial arbitrator. He is on the roster of arbitrators for the AAA/ICDR, CPR, SIAC, and other major providers. He is also a senior legal editor in the litigation and arbitration services of Thomson Reuter’s Practical Law division. In that capacity he writes and edits legal know-how resources that help law firm lawyers, inhouse counsel, and arbitrators perform more effectively and efficiently.

Steve co-chaired the Arbitration Committee of the New York State Bar Association’s Dispute Resolution Section and chaired the New York City Bar Association’s Arbitration Committee. He also sits on the City Bar’s International Commercial Disputes Committee and the ICDR’s Publications Committee. He is a member of or affiliated with: Silicon Valley Arbitration & Mediation Center, International Arbitration Club of New York, New York International Arbitration Center (NYIAC), and the National Academy of Distinguished Neutrals. He is a fellow of the Chartered Institute of Arbitrators and the College of Commercial Arbitrators.

 

David Singer_myLawCLEDavid Singer | SingerADR Neutral Services

David C. Singer has served for over 30 years as an independent arbitrator of complex commercial, employment and international disputes, including as chair and wing of three arbitrator panels, sole arbitrator, and emergency arbitrator. He has arbitrated hundreds of cases including matters arising from business and commercial contracts, partnerships, “business divorces,” M&A and other corporate transactions, executive employment agreements and distributor and dealer agreements in a variety of industries including financial services, real estate, fashion and apparel, healthcare and pharmaceuticals, technology, manufacturing, distribution and retail, hospitality, professional services, and telecommunications. He has more than 25 years of experience as an independent mediator and has mediated hundreds of cases including matters arising from business and commercial contracts, partnership, LLC, corporate and other business divorces, corporate transactions, executive employment agreements and distributor and dealer agreements.

For 37 years – including 28 years as a trial partner of Dorsey & Whitney LLP – David served as lead litigation and trial counsel on matters involving business contracts and torts, executive employment agreements, restrictive covenants, unfair competition, fraud, misappropriation of trade secrets, employment termination and discrimination, real estate and other commercial, employment and international matters. He successfully tried and defended cases in federal and state courts before judges and juries, and represented clients before administrative agencies, arbitration panels, and in appeals, mediations, and negotiations.

As of January 1, 2018, David established his own practice as a full time independent neutral, SingerADR Neutral Services. David is a Fellow of England’s Chartered Institute of Arbitrators and the College of Commercial Arbitrators, a certified mediator with the International Mediation Institute and a founding member of the National Academy of Distinguished Neutrals. He serves on arbitration panels of the American Arbitration Association and International Center for Dispute Resolution, is a Distinguished Neutral of the International Institute for Conflict Prevention and Resolution and serves on mediation panels of the AAA, ICDR and New York state and federal courts.

David served as Chair of the Dispute Resolution Section of the New York State Bar Association, previously co-chaired the DRS Mediation Committee, currently co-chairs the DRS Ethics Committee and is member of the DRS Executive Committee. For several years, David was a delegate on the NYSBA House of Delegates.

David is the Editor and Co-Author of the book, Arbitrating Commercial Disputes in the United States (Practicing Law Institute, 2d Edition 2020). He has written extensively in the field of arbitration, mediation and other aspects of dispute resolution and spoken on such topics before various professional, bar associations and other groups.

David graduated magna cum laude from the University of Pennsylvania and received his law degree from New York University School of Law. He has repeatedly been named annually in Best Lawyers in America, New York Super Lawyers and has received AV Preeminent peer rating by Martindale-Hubbell for more than 25 years. His website is: www.singeradr.com.

Agenda

I. Conflicts and disclosure | 3:00pm – 3:10pm

II. Confidentiality and privacy | 3:10pm – 3:20pm

III. Impartiality | 3:20pm – 3:30pm

IV. Honesty | 3:30pm – 3:40pm

V. Due process | 3:40pm – 3:50pm

VI. Ethical issues from the perspectives of arbitrators, counsel for the parties, and arbitration service providers | 3:50pm – 4:00pm

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