About This Course
In many industries, it is customary for arbitration panels to consist of an arbitrator chosen by each party, and a third arbitrator who is elected mutually by the chosen arbitrators. Should party-appointed arbitrators be expected to function as neutrals or as advocates for the parties that chose them? The answer to this question may depend on the arbitration agreement between the parties, and the set of arbitration rules in place in the particular arbitration forum. Jewish law has long featured a party-appointed arbitration mechanism, and has therefore grappled with similar issues over the past several hundred years. This CLE lecture offers a unique perspective on the ethics of tripartite arbitration by exploring these issues from a comparative law point of view.
