ACR-GNY - Disclosure Obligations When Serving on Panels for Multiple Arbitral Institutions

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Disclosure Obligations When Serving on Panels for Multiple Arbitral Institutions

Wednesday, March 18, 2026 10:14 AM | Anonymous

Disclosures | Life in the Slow Lane

What disclosure obligations arise when arbitrators serve on panels for multiple arbitral institutions?

What are your thoughts?

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Wednesday, March 18, 2026 1:08 PM | Jeremy T Vermilyea

I don't think an arbitrator's disclosure obligations change based on the panel or service. If the arbitrator has a contact that gives rise to the potential for an appearance of bias or partiality, the arbitrator should disclose.

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- Wednesday, March 18, 2026 1:11 PM | Steven Skulnik
  
  I also don't see how the identity of the administering institutions bears on the disclosure obligations.
  
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- Wednesday, March 18, 2026 1:50 PM | Denise Presley
  
  Well said. Absolutely agree.
  
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Wednesday, March 18, 2026 1:18 PM | Thomas Hanrahan

The disclosure obligations are directed at surfacing possible biases or interests that might undermine the parties' confidence in the arbitrator's neutrality. An arbitrator's affiliation with multiple providers should have no bearing on that. The California disclosure requirements -- possibly the most rigorous -- do not mention provider affiliation. (There is a separate issue of an arbitrator who may have an equity interest in the provider.) And I would be inclined to disclose if I have previously served with another panel member on another case. But that has nothing to do with being "listed" on panels of multiple providers.

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Wednesday, March 18, 2026 1:47 PM | Anonymous

I believe that disclosure of all affiliations is required for any arbitrator on a multi arbitrators panel

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Wednesday, March 18, 2026 2:17 PM | David E. Robbins

Simple - Disclose.

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- Wednesday, March 18, 2026 4:05 PM | Paul Marrow
  
  Information about membership on rosters for institutions other than the AAA should be on your resume.
  
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  - Friday, March 20, 2026 11:06 AM | John Shope
    
    I was previously advised that the AAA was not permitting listing of membership on panels of other dispute resolution providers.
    
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Sunday, March 29, 2026 10:57 AM | Dr. Kishor Shankar Dere FCIArb

IBA Guidelines and many other documents repeatedly underline the significance of disclosure obligations of arbitrators. Impartiality, independence, neutrality and fairness of arbitrators are hallmarks of the arbitration process. It is always possible for one or more parties to raise an objection on the ground of non-disclosure. Since what exactly and precisely counts as conflict of interest in a mathematical sense is difficult to predict, arbitrators should prefer to err on the side of caution. Discretion is the better part of valour. Excessive disclosure could help salvage credibility and reputation of arbitrators and arbitration too.

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