CIArb Canada: Arbitrators Under Attack

Keynote speaker: Marc J. Goldstein, FCIArb, MJG Arbitration and Mediation, New York

“Arbitrators under attack” – Marc’s remarks will cover the numerous issues that arise when one party in an ongoing arbitration makes public attacks of corruption on the arbitrator, rather than making a challenge, to position itself to seek set aside of the eventual award on the basis of arbitrator bias or misconduct. How shall falsely-accused arbitrators address whether they should continue to serve? What steps may arbitrators take while continuing to sit the case, to respond to damaging public attacks? What role should arbitral institutions play? May the Tribunal conduct a factual investigation? Or appoint an expert to gather evidence? When might an arbitrator or Tribunal engage counsel? Or consider making a referral of possible criminal conduct by a party to a prosecutor?