Is arbitration always confidential?
An arbitration proceeding is a private process. However, the AAA takes no position on whether parties should or should not agree to keep the proceeding and award confidential between themselves. The parties always have a right to disclose details of the proceeding, unless they have a separate confidentiality agreement.
Can anyone be an arbitrator?
It is possible for anyone to become an arbitrator. It is common for arbitrators to come from the legal profession, but they may also come from a technical profession related to the subject in dispute, such as an architect.
Are arbitration decisions public?
Generally speaking arbitration decisions are for the most part private and confidential and they are published only if the parties and the arbitrator agree on making the decision available. There are a variety of commercially available services which publish those decisions.
What are the reasons for confidentiality in arbitration?
Confidentiality is considered as one of the key reasons why parties choose to go for arbitration for settlement of their disputes as they do not want their disputes to be a topic of public discussion.
What qualifies as an arbitrator?
Having a degree or work experience in law is common for arbitrators. That experience gives you an understanding of the legal influences on the decision. You may also have experience with looking at things objectively. Others have experience in a certain field.
How do people react to being held accountable?
People react to being held accountable in different ways in different situations. One would think that having to answer to someone for your actions or your decisions would make you think more carefully about whether you’re doing the right thing.
How is the government held accountable to the public?
Beck: In the U.S. government, there are checks and balances, but I’m interested in how government is held accountable to the public. One would assume that elected officials are always accountable to the public, so that first condition where you need to know you’re being held accountable hopefully should be taken care of.
Who are the people at the bottom accountable to?
Usually, in most organizations, the people at the bottom are accountable to the people at the top, whereas in a democracy the people at the top are ultimately accountable to the people at the bottom.
What should an arbitrator do before an arbitration?
An Arbitrator should prepare before the Arbitration by reviewing any statements or documents submitted by the Parties. An Arbitrator should refuse to serve or should withdraw from the Arbitration if the Arbitrator becomes physically or mentally unable to meet the reasonable expectations of the Parties. III.
How much does it cost to go to arbitration?
Arbitration is becoming more costly as more entrenched and more experienced lawyers take up the cause. It is not unusual, for example, for a well-known arbitrator to charge $3,000 to $4,000 per day for his or her services. And most parties in arbitrations will also hire lawyers to help them through the process, adding to their costs.
Can a party appointed arbitrator be considered neutral?
Party-appointed Arbitrators should be presumed to be neutral, unless the parties’ agreement, the arbitration rules agreed to by the parties or applicable laws provide otherwise.
Can a third party be appointed as an arbitrator in arbitration?
Many Arbitration agreements provide for the appointment of an Arbitrator by each Party and the appointment of the third Arbitrator by the two Party-appointed Arbitrators. Party-appointed Arbitrators should be presumed to be neutral, unless the parties’ agreement, the arbitration rules agreed to by the parties or applicable laws provide otherwise.