Arbitrator in United States
In practice. A private extraordinary judge, to whose decision matters -according to the definition of Arbitrator based on The Cyclopedic Law Dictionary– in controversy are referred by consent of the parties. Worcester. “Reference” is of frequent modern use as a synonym of “arbitrator,” but is in its origin of broader signification, and less accurate than arbitrator.
A good background search on an arbitrator should include searches on the arbitrator’s name in relevant databases of arbitration awards (see “Arbitration, Mediation and Alternative Dispute Resolution”). A full search would also include searching the arbitrator’s name in relevant databases of (1) cases, (2) verdicts, (3) law review and law journal articles, (4) newspaper and magazine articles (5) trade journal articles and (6) pending law suits. In addition, check the Web and discussion groups for any postings. If possible, locate the arbitrator’s Web site.
For securities arbitrators, also check for disciplinary actions on Lexis in the National Association of Securities Dealers Disciplinary Actions (FEDSEC;DISCIP) and the National Financial Institutions Abstracted Disciplinary Actions and Sanctions (FEDSEC;SANCTION) databases, as well as the FINRA (formerly NASD) Disciplinary Actions, starting June 1, 2001. If you have a subscription, also search ARBchek.
For labor arbitrators, the leading resource is the Arbitrators’ Qualifications Reports, commonly known as “Simpson Sheets.” The Sheets provide background information and evaluations of each arbitrator listed. The Sheets are published by the R.C. Simpson company in hard copy and through the company web site. You can either purchase an annual subscription or buy individual sheets after paying a small retainer.
Another leading source for labor arbitrator bios is the “Arbitrator Directory” of the Labor Arbitration Information System, which is included in the LAIS-ARB-BIO database onWestlaw. This includes data on how the arbitrator has ruled in past cases.
In addition, basic biographical information on labor arbitrators is published in the BNA Labor Relations Reporter Selected Arbitrators’ Biographies, which is available in the BNA Labor and Employment Library (subscription only) and through Bloomberg Law.
Finally, Personnet arbitrator bios are available through Westlaw (ARB-BIO).
You can get statistics on how many cases the abitrator decided for management, the union or split from the LAIS Arbitrator Directory, as well as the Westlaw ARB-STAT database.
Ethics Rules: The American Arbitration Association posts The Code of Ethics for Arbitrators in Commercial Disputes. The American Bar Association posts the Model Standards of Conduct for Mediators. The National Arbitrators Associations posts theNAA Code of Professional Responsibility and related Advisory Opinions. The FINRA has an “Oath of Arbitrator.”
Arbitrator in Foreign Legal Encyclopedias
For starting research in the law of a foreign country:
|Arbitrator||Arbitrator in the World Legal Encyclopedia.|
|Arbitrator||Arbitrator in the European Legal Encyclopedia.|
|Arbitrator||Arbitrator in the Asian Legal Encyclopedia.|
|Arbitrator||Arbitrator in the UK Legal Encyclopedia.|
|Arbitrator||Arbitrator in the Australian Legal Encyclopedia.|
Arbitration in this Legal Encyclopedia
Arbitration definition in the Law Dictionary
Alternative Dispute Resolution
Financial Industry Regulatory Authority (FINRA)
United Nations Commission on International Trade Law (UNCITRAL)