CPR Dispute Resolution Publishes Guidelines for Arbitrator Disclosure
New York, NY - August 26, 2024 – Accurate disclosure of potential conflicts of interest by arbitrators is vital to ensuring the perceived fairness of arbitration proceedings. A new resource is now available to help arbitrators make accurate disclosures to parties that may select the arbitrator to decide the outcome of their dispute.
The International Institute for Conflict Prevention and Resolution (CPR), a global non-profit organization that manages conflict to enable purpose, has published Guidelines for Arbitrator Disclosure (Guidelines) on the website of CPR Dispute Resolution, CPR’s arbitral provider subsidiary.
The Guidelines were created to address an issue with the current standards in the profession, which indicate what an arbitrator should disclose, but not the method to appropriately disclose. The Guidelines fill this gap by providing clear and practical recommendations for arbitrators in maintaining records to assist in identifying interests and relationships that they may need to disclose and providing guidance in drafting an appropriate written disclosure statement.
The Guidelines were created by the CPR Institute through the Arbitrator Disclosures Task Force, comprising CPR Institute members and arbitrators. They are intended to apply generally to arbitration proceedings, including proceedings conducted under CPR’s various existing rule sets, where arbitrators must make disclosures regarding potential conflicts.
These Guidelines are intended to be used by arbitrators throughout the field, including but not limited to those on the CPR Panel of Distinguished Neutrals.
“The new Guidelines for Arbitrator Disclosure is an invaluable resource for arbitrators to help them maintain accurate records so that they can stay in line with the evolving demands and expectations of the field,” said Serena K. Lee, CPR President and CEO. “We are grateful to the Task Force, which worked for many months on this resource, for recognizing the need for practical guidance. We are excited to see the latest CPR thought-leadership promulgated throughout the profession,” she continued.
“Our task was to provide guidance as to ‘how’ to comply with the substantive disclosure standards,” said Shigeki Obi, Chair of the Arbitrator Disclosures Task Force and associate at Hughes Hubbard & Reed LLP. “These new Guidelines are based on experiences and wisdom shared by the members of the Task Force. We believe that these Guidelines will be a valuable contribution to the arbitration community, explaining each step that an arbitrator is recommended to take in making disclosure.”
In addition to Shigeki Obi, the Guidelines were created by CPR Arbitrator Disclosures Task Force members Hattie Middleditch (Co-Secretary), Charlotte Westbrook (Co-Secretary), Tom Cunningham, Helena Tavares Erickson, Viren Mascarenhas, Dr. Anton G. Maurer, Charles Patrizia, Tina Patterson, Rose Marie Wong, and Richard Ziegler.
The full text and a downloadable PDF of the CPR Guidelines for Arbitrator Disclosure are available on CPR Dispute Resolution’s website here. The Guidelines are effective as of August 2024.
ABOUT CPR
Established in 1977, CPR is an independent nonprofit organization that promotes the prevention and resolution of conflict to better enable purpose through the CPR Institute and CPR Dispute Resolution.
The CPR Institute builds capacity for dispute prevention and resolution through the thought leadership of its diverse members – companies, leading mediators and arbitrators, law firms, individual practitioners, and academics – who share best practices and develop innovative tools for dispute management through committee discussions and projects, publications, education and training, and events.
CPR Dispute Resolution is a boutique-style provider of leading-edge dispute management services – mediation, arbitration, custom appointing services, a panel of dispute prevention specialists, and more – that leverages resources generated by the CPR Institute. The case administrators have extensive backgrounds in alternative dispute resolution (ADR). The Panel of Distinguished Neutrals is a carefully curated, diverse group of prominent, experienced subject matter and ADR professionals based in 35 countries. And CPR Dispute Resolution’s Complete Case platform, a holistic end-to-end digital environment designed for ADR, handles matters efficiently and securely. To learn more about CPR Dispute Resolution, visit drs.cpradr.org.
To learn more about CPR, visit cpradr.org.
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