With The Increasing Use Of Arbitration As An Alternative To Full-Blown Litigation, The Risk Of A Conflict Of Interest By An Individual Arbitrator Has Grown, Too.
With the increasing use of arbitration as an alternative to full-blown litigation, the risk of a conflict of interest by an individual arbitrator has grown. This risk can be mitigated significantly by the use of comprehensive and exhaustive investigative due diligence, background checks, and investigative link analysis to determine the connections between an arbitrator and one of the parties or counsel in the arbitration. This investigation will invariably help to weed out connections or a hidden conflict that might taint the fairness of the proceeding or raise the appearance of bias. . .