Revised Ethics for Arbitrators

• Publication year: 2004
• Pages: 27
• Citation: Vol. 33 No. 4 Pg. 27

33 Colo.Law. 27 Colorado Lawyer 2004.

2004, April, Pg. 27. Revised Ethics for Arbitrators

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Vol. 33, No. 4, Pg. 27

The Colorado Lawyer
April 2004
Vol. 33, No. 4 [Page 27]

Departments
ABA Delegates' Report
Revised Ethics for Arbitrators
by Chris Little

Christopher Little, Greenwood Village, is a shareholder of Montgomery, Little & McGrew, P.C., and a Denver Bar Association representative on the ABA House of Delegates - clittle@mlmpc.com

At its Midyear Meeting, the ABA House of Delegates revised the Code of Ethics for Arbitrators in Commercial Disputes - 2004 Revision ("2004 Revision"). The 1977 Code of Ethics for Arbitrators in Commercial Disputes ("1977 Code") provided ethical guidance for arbitrators and others involved in alternative dispute resolution. The last twenty-five years have seen numerous changes in the law governing arbitration and the role of arbitration in the judicial system. The 2004 Revision now replaces the 1977 Code as the definitive statement of ethical standards for attorneys and others serving as commercial arbitrators

Much of the language of the 1977 Code, on which the 2004 Revision is based, has not been changed. According to the proponents of the 2004 Revision, the Revision recognizes the increasing globalization of commercial transactions and changes in the public perception of arbitration. The most significant change effected by the 2004 Revision is its treatment of the status and obligations of party-appointed arbitrators. The 2004 Revision now provides more specific guidance in many important respects. Some of the language quoted directly from the Revision, follows:

Arbitrators should accept appointment only when satisfied (i) that they can serve impartially, (ii) that they can serve independently from the parties, potential witnesses and other arbitrators, (iii) that they are competent to serve, and (iv) that they are available to commence the arbitration in accordance with its requirements and devote appropriate time and attention to it to its completion.

Existence of interests or relationships which must be disclosed, as described in the Code, does not render it unethical for one to serve as an arbitrator where the parties have consented to the arbitrator's appointment or continued service following full...