Arbitration Ethics and Professional Conduct in Dispute Resolution 5

Question 1

Under the 2004 AAA/ABA Code, which advertising practice by an arbitrator is improper?

Accepted Answer

Suggesting to prospective users that they will favor a particular type of party

Answer

Arbitrators may advertise truthfully but must not suggest they would be partial to anyone.

Question 2

Under Canon I of the Code, when should a person accept an appointment as arbitrator?

Accepted Answer

Only if they are competent to serve and can be available to start and finish the case promptly

Answer

Canon I says to accept an appointment only if you are fully satisfied you are competent and can give the case reasonable time and attention.

Question 3

Under the IBA Guidelines, which situation is on the Green List and generally does not need to be disclosed?

Accepted Answer

The arbitrator previously published a general legal opinion, not focused on the case, on an issue that also arises in the arbitration

Answer

Earlier general opinions, such as a law review article not focused on the case, are on the Green List.

Question 4

Under the IBA Guidelines, an arbitrator served as counsel for one of the parties two years ago on an unrelated matter. This falls on which list?

Accepted Answer

Orange List

Answer

Serving as counsel for a party within the past three years is an Orange List situation, so it must be disclosed, and the parties are deemed to accept it if they do not object in time.

Question 5

Under ABA Model Rule 1.12, when may a lawyer who served as a mediator represent a client in the same matter?

Accepted Answer

Only if all parties to the proceeding give informed consent, confirmed in writing

Answer

Rule 1.12(a) bars such representation when the lawyer participated personally and substantially, unless all parties give informed consent confirmed in writing.

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration Ethics and Professional Conduct in Dispute Resolution 5