Arbitrator Goldberg accepted appointment as an arbitrator of two police discharge cases, each of which had a voluminous history of acrimony and litigiousness by the grievants against their employer, and also against their union (the latter including DFR claims). Arbitrator Goldberg ruled against each grievant, and each grievant filed a motion to overturn the ruling …
A discussion of the ethical responsibilities of arbitrators, including the duty to disclose any factor that a reasonable person might regard as material. Methods of disclosure are also discussed. Hypotheticals are offered, to illustrate the range of what should be disclosed.
A review of cases overturned on the basis of the evident partiality of the arbitrator. The author emphasizes the duty to disclose to the parties any current or past relationships before accepting an appointment, and that any doubts should be resolved in favor of disclosure.
A historical review of the evolution of the doctrine of arbitral immunity. Arbitrators are well protected, but even if a claim is summarily dismissed, an arbitrator may incur the expense of attorney’s fees. Insurance policies afford protection for such defense costs.