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Civil Litigation,
Alternative Dispute Resolution,
9th U.S. Circuit Court of Appeals

Oct. 28, 2019

Full (arbitrator) disclosure: 9th Circuit got it right

The panel held that before an arbitrator is officially engaged to perform an arbitration, to ensure that the parties’ acceptance of the arbitrator is informed, arbitrators must disclose their ownership interests, if any, in the arbitration organizations with whom they are affiliated in connection with the proposed arbitration, and those organizations’ nontrivial business dealings with the parties to the arbitration.

Michael H. Leb

Neutral
Leb Dispute Resolutions

Labor & Employment

Phone: (310) 284-8224

Fax: (310) 284-8229

Email: michael@lebdr.com

U Michigan Law School

THE NEUTRAL CORNER is a monthly column discussing recent cases or topics of interest from a neutral's perspective.

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Full (arbitrator) disclosure: 9th Circuit got it right
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THE NEUTRAL CORNER

Whenever I write a column discussing arbitration procedural issues that may negatively affect my pocketbook, I begin my column with an explicit bias disclaimer like this: I make my living as an arbitrator and mediator so I ask the reader to consider my views on the issues discussed in this piece in that light. Put differently, it's hard to be neutral when money is involved. And, that just happens to be the point of the holding in $95

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